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 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.

Alaska Personal Injury Settlement

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 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. In fact, 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.

Damage Awards in Alaska

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 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 was 70% debilitating. If that is the case, it is capped at $400,000.

Statute of Limitations in Fairbanks, AK Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

There is a 2 year statute of limitations for anyone filing a personal injury claim in Fairbanks. If you allow this timeframe to pass, your claim will most likely be rejected.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Fairbanks, AK Lawyer

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!