Personal Injury Law in Fairbanks, AK
Getting injured can affect your life in ways that you can’t begin to imagine. From medical bills to losing wages while being unable to work, to simply altering your day-to-day routine; personal injuries are serious. If you have been injured through the reckless or malicious actions of another, you may have rights that you can stand on, and an experienced injury attorney in Fairbanks can help you stand on those rights.
What Is Personal Injury Law?
Personal injury law in Fairbanks relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.
Examples of Personal Injury Claims in Fairbanks, AK
Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.
A few of the most common personal injury claims are:
- Car Accidents
- Slip and Fall
- Dog Bites
- Medical Malpractice
- Workplace Accidents
- Burn Injuries
Most Common Injuries in Fairbanks
The Alaska Department of Health states that auto accidents remain one of the leading causes of injury in Fairbanks. The 2019 report released by the department analyzes risk factors and attempts to contribute to lessening these accidents throughout the state. In addition, workplace accidents and falls are quite common in Fairbanks.
Steps in a Personal Injury Lawsuit in Fairbanks, AK
Once you determine that you wish to proceed forward with a personal injury action in Alaska
A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either a settlement or a court appearance. The Civil Division of Courts handles the majority of personal injury claims for Fairbanks residents. However, if your claim is less than $10,000 you will most likely file with the Small Claims Court in Fairbanks. Filing a personal injury claim can be incredibly involved, and it may be in your best interest to have an experienced Fairbanks attorney by your side to help you navigate this process. With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and the factors that impact the final amount. While film and television overdramatize court cases and legal settlements, Fairbanks residents should be aware that this is not generally the case. The average settlement for a personal injury is usually between $3,000 and $10,000. In addition, Forbes has published an Injury Settlement Example Guide to keep expectations in the proper place. If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in AK, that means you risk not receiving any compensation at all. If your Alaska personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted. Special compensatory damages reimburse you for things such as lost income, medical bills, and insurance deductibles. You submit receipts proving these losses. General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant to compensate you for the pain and anguish. Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. Fairbanks residents will not have economic damage caps placed on any settlements awarded by the courts. However, there may be caps placed on non-economic damages in certain cases. This can be capped at $250,000 unless the outcome is 70% debilitating. If that is the case, it is capped at $400,000. In personal injury cases, the injured party has a limited window of time to file a lawsuit, as determined by state statutes of limitation. Typically, the clock starts either at the time of the injury or when the injury is discovered. However, proving when the injury was first realized can be more complex and may require additional evidence. In Fairbanks, the statute of limitations for filing a personal injury claim is two years. Failing to act within this timeframe can result in your claim being denied, leaving you without the ability to seek compensation for your losses. To protect your rights, it’s essential to consult with a personal injury lawyer as soon as possible. Acting quickly ensures you preserve evidence, meet deadlines, and give yourself the best chance of securing the compensation you deserve. Pursue a personal injury claim in Fairbanks against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Alaska state lines. Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area! Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States. With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Do you have a different legal concern that requires the help of a lawyer? We have a network of attorneys for any area of law in Fairbanks, AK that you need.Alaska Personal Injury Settlement
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