Personal Injury Law in Knik-Fairview, AK

The aftermath of a personal injury can last a lifetime. Accordingly, Alaska has seen these lawsuits settle for millions of dollars.

Anyone who suffers a personal injury may need every penny to care for themselves and their families. The medical bills alone can become a staggering burden. If you have considered hiring a Knik-Fairview attorney, you will need the details in this article.

What Is Personal Injury Law?

In Knik-Fairview, personal injury law pertains to obtaining compensation for an injury. In such cases, the plaintiff seeks financial reimbursement for the expenses and losses incurred. The insurance companies become involved and may settle before going to trial.

Examples of Personal Injury Claims in Knik-Fairview, AK

While some cases are more prevalent than others, almost any physical or mental injury may be eligible for compensation.

A few of the most frequently seen personal injury claims are:

• Car Crashes
• Slip and Falls
• Dog Bites
• Medical Malpractice
• Workplace Accidents
• Burns

Most Common Injuries in Knik-Fairview 

The Alaska Beacon reports the reasons for ER visits have shifted since the pandemic. However, the result may not be what you expect. Unintentional injuries remain the most common cause for emergency services in places like Knik-Fairview.

Steps in a Personal Injury Lawsuit in Knik-Fairview, AK

Once you decide to move forward with a personal injury claim in AK, there are steps you can anticipate. Because tort law depends on specific procedures and deadlines, it is advisable to have a lawyer.

Proving Negligence

The first and foremost requirement is to demonstrate that someone acted negligently. Although this may seem straightforward, it is crucial to remember that the court requires proof. Before filing a lawsuit, your legal team will gather evidence of the action or inaction that constituted negligence.

Next, your attorney in Knik-Fairview will examine your potential liability for the injuries. Since Alaska Statutes use comparative negligence, the court may assign a percentage of the fault to the plaintiff. As a result, you can lose damages according to how liable they perceive you to be. This doctrine means that representation that demonstrates your lack of involvement is critical.

The Court Process in Alaska

A lawsuit starts when a complaint goes to the court and the defendant. The complaint, made by the plaintiff, asserts that the defendant’s careless actions caused physical or emotional harm. Additional steps such as depositions, undergoing medical evaluations, and providing relevant documents may be required. This information-gathering process, known as discovery, can be time-consuming and culminates in a settlement or a trial.

The Alaska Rules of Civil Procedure dictate what happens with your lawsuit in Knik-Fairview. After filing the civil complaint, the discovery phase can begin. But there will likely be mediation sessions before you get to a trial. State and federal courts promote Alternative Dispute Resolution as a way for litigants to settle out of court.

Alaska Personal Injury Settlement

In many personal injury cases, insurance companies and individuals usually negotiate instead of risking a trial. If you are considering a settlement, you may have questions about what amount to seek. Moreover, there can be several factors that influence the outcome.

The settlement amount depends on several important factors. One example to consider is the insurance coverage required by law. The minimum policy for death or injury for Knik-Fairview residents is $50,000. But this amount may not be sufficient to cover the costs. Consequently, your lawyer may negotiate for economic and non-economic damages with a lawsuit.

When the opposing party has insurance coverage, their insurance provider often avoids having a jury decide the damages. Settlements are advantageous for the injured party and the insurance company as they provide a quicker resolution. On the other hand, going to court in AK carries the risk of not receiving any compensation.

Damage Awards in Alaska

If your personal injury case in Alaska goes to trial, your legal representation will request a damages award. The court may order the defendant to pay compensation for three types of damages.

Special compensatory damages reimburse you for tangible losses such as lost wages, medical expenses, and copays. Supporting evidence, such as receipts, is required to prove these losses.

General compensatory damages are more subjective. For example, if your injury was painful, you may request compensation for the suffering.

Punitive damages are the least common and are at the court’s discretion. In cases where the defendant’s negligence was particularly extreme, the judge or jury may choose to award them.

Thanks to a recent Alaska Supreme Court ruling, there is no cap on damages for most personal injury lawsuits. However, punitive damages cannot exceed $500,000 or three times the compensatory damages.

Statute of Limitations in Knik-Fairview, AK Personal Injury Law?

The injured party has limited time to file suit for a personal injury case. State law establishes these statutes of limitation. Commonly, the date of the plaintiff’s injury or its discovery begins the statute of limitations. However, the latter factor is trickier, as the plaintiff must prove when the symptoms appeared.

The statute of limitations is generally two years from when you suffered the injury in Knik-Fairview. However, there are some exceptions and nuances to this rule. For example, you may not have discovered it existed until much later.

You should consult with a personal injury attorney regarding your situation. Time is of the essence, so don’t delay and miss the opportunity to obtain the appropriate compensation for your injury.

Work With an Experienced Knik-Fairview, AK Lawyer

Have you suffered an injury due to someone else’s actions?

You can pursue a personal injury claim in Knik-Fairview with the help of our knowledgeable lawyers. We can also assist you in finding an attorney across Alaska state lines if needed. Contact us at (866) 345-6784 or submit a request online to connect with a nearby and skilled lawyer.