Personal Injury Law in Juneau, AK

The Alaska Department of Health reports unintentional injuries are the leading cause of death in the state. Accordingly, they run programs designed to reduce the risks in cities like Juneau.

These efforts can only do so much to prevent severe incidents. When tragedy strikes your family, you may need an attorney to secure the damages you deserve. The components of personal injury law can be complex, but there are easy steps you can take to get started. Discover some crucial details about Alaska state law and how an attorney can represent your interests in the sections below.

What Is Personal Injury Law?

Personal injury law relates to the legal process of getting compensation for an injury caused by negligent behavior. These cases in Juneau involve insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Juneau, 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 Juneau 

Alaska Regional Hospital identifies the top five reasons Juneau residents visit the emergency room. The complications they write about include:

• Chest pain

• Stroke

• Severe head injuries

• Poisoning

• Excessive bleeding

Steps in a Personal Injury Lawsuit in Juneau, AK

There are steps you can anticipate once you determine you want to proceed with a personal injury action in AK. Since tort law hinges on procedures and timelines, you will need a lawyer dedicated to your case.

Proving Negligence

First and foremost, you need to prove that the person responsible for your injury was negligent. While this may appear easy, remember that the court requires proof. Your legal team needs to gather the evidence before pressing forward.

The most pressing issue in a personal injury case is your liability for the incident. Alaska legislation dictates the use of comparative negligence during torts in Juneau. As a result, you could lose a percentage of the damages based on how much fault a judge or jury assigns. While you may not believe you have any blame, the court system can disagree with that assessment.

The Court Process in Alaska

A lawsuit begins when your attorney files a complaint with the court and serves the defendant. The complaint states your assertion that negligent behavior caused physical or emotional damage. As a result, you may have to go through steps like depositions or independent medical evaluations. This discovery process is lengthy and ends in either a settlement or going to trial.

The hearings and other events depend on the Rules of Civil Procedure. For example, your attorney in Juneau could file a request for mediation. Both state and federal courts encourage parties to a lawsuit to participate in Alternative Dispute Resolution. In some circumstances, the judge can even make it mandatory.

Alaska Personal Injury Settlement

Insurance companies and injured parties prefer settlement negotiations over trials. Accordingly, you may wonder how much you should seek and what impacts the final amount.

The amount of the settlement depends on a few critical factors. First, you need to take the minimum insurance coverage into account. For instance, the Alaska Division of Motor Vehicles says drivers must have a minimum of $50,000 on their policy for death or injury. Obviously, the costs of a significant incident can exceed this amount. As a result, your attorney can negotiate for economic and non-economic damages that will protect your financial future.

If the other party has insurance, the 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.

A settlement can have its appeals because you receive compensation sooner rather than later. Also, going to court in AK means you risk not receiving any damages.

Damage Awards in Alaska

If your Alaska personal injury lawsuit goes before a judge or jury, your legal team will prepare a request for damages. In these cases, there are three categories of awards a court may order the defendant to pay.

Special compensatory damages reimburse you for lost income, medical bills, and insurance deductibles. You submit receipts to prove these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was painful, you might request that the judge order the defendant to compensate you for the anguish.

Punitive damages are the rarest and are up to the judge or jury. The court may determine that the negligence was particularly heinous and that the injury to you was equally horrific.

You should also know that Alaska Statutes have a unique damage cap for non-economic damages. Generally, a successful tort in Juneau cannot exceed $1 million. On the other hand, it can also not be more than the plaintiff’s life expectancy times $25,000. The latter can be a significant point of contention that will require legal expertise to challenge.

Statute of Limitations in Juneau, AK Personal Injury Law?

The injured party has a time limit to file suit for a personal injury case. Commonly, the plaintiff’s injury or discovery of the harm begins the statute of limitations. However, the latter factor is trickier, as the plaintiff must prove when they identified an injury.

The nature of your personal injury lawsuit in Juneau determines the statute of limitations. For example, Alaska Statutes allow you to start litigation up to two years after physical harm. But, a lawsuit over damage to your property can begin up to six years afterward.

We recommend you speak with an Alaska 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 Juneau, AK Lawyer

Pursue a personal injury claim in Juneau 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!