Personal Injury Law in Alaska
The state of Alaska requires that in cases of personal injury, the plaintiffs must prove that the incident was caused due to the defendant’s carelessness or negligence. Plaintiffs must also prove that the defendant’s wrongdoing actually caused their damages and/or suffering.
While in the state of Alaska the “pure comparative fault rule” is in effect. This means that the amount the plaintiff can receive is reduced by their own percentage of fault in the incident. For instance, if you were involved in a personal injury situation and it was mostly your fault, you are still entitled to recover damages, but only the percent of damages that weren’t your fault.
In the case of a consumer product personal injury lawsuit, Alaska uses strict liability law. This may aid the plaintiff in finding justice. In order to win a personal injury lawsuit in these kinds of cases in Alaska, the plaintiffs must prove that the product was made with one or more errors, which caused the consumer harm and damaged them in a substantial way. To be successful in a personal injury lawsuit over a flawed consumer product in Alaska, the plaintiff must also prove that they were correctly using the product.
In most cases, defendants that lose a personal injury lawsuit are responsible for a several things. For example, they would be responsible for any payments made by the plaintiff relating to the personal injury case. The defendant is also responsible for any funds lost by the suing party, personal property damage, bodily injuries or permanent personal damage, pain either physical or emotional, any other costs due to the personal injury lawsuit at hand. This does not include attorney’s fees which are paid out of the total settlement amount.
In Alaska, there are limitations on how much money the plaintiff can receive for non-monetary damages. These damages include, but are not limited to, pain and suffering and emotional distress.
The statute of limitations in Alaska for personal injury cases is two years, meaning that if there is no lawsuit filed within the first two years after the incident then there cannot be a lawsuit. Consult a qualified Alaska Personal Injury Lawyer to see if you have a valid case before entering into any kind of lawsuit.
The article presented above is based on the best available data available and is for informational purposes only. Consult a qualified personal injury attorney before relying on any information presented here.
Major Cities/Towns in Alaska: