Personal injury litigation is subject to different regulations in every state. To bring a case in Alaska it is very important that you consult an experienced Alaska personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in Alabama can arise from negligence or intentional wrongdoing.
In Alaska you must prove four elements to win any negligence case:-
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
In Alaska personal injury lawsuits you can still recover damages even if you were partly to blame for your injury. Alaska follows the doctrine of pure comparative negligence. This means that the defendant is responsible for the proportion of the damages equal to their proportion of the blame in the injury. Even if the plaintiffs negligence was 90% responsible for an accident, a defendant can still be required to pay 10% of the damages.
Alaska personal injury law follows the doctrine of several liability when determining liability between defendants. The doctrine of several liability means that each defendant is responsible to pay only for the portion of the damages equal to their portion of the fault in the case. Under Alaska law if one defendant is unable to pay what they owe, other defendants cannot be held liable for this cost.
Alaska has enacted limitations on the punitive damages that a plaintiff can receive in a civil case. In most cases punitive damages cannot exceed three times the total compensatory damages or $500,000. However, if the defendants actions were motivated by financial gain punitive damages can be up to $7 million, four times the financial gain or four times the compensatory damages.
Alaska restricts the value of non economic damages that can be awarded in a lawsuit. Non-economic damages include pain and suffering, loss of quality of life, loss of companionship, emotional distress and humiliation. In most cases non-economic damages cannot exceed $400,000 or $8,000 times the victims remaining life expectancy, whichever is greater. In cases involving permanent physical impairment or disfigurement damages can be as much as $1,000,000 or $25,000 times the persons remaining life expectancy.
In Alaska you have two years to file a personal injury lawsuit under the states statute of limitation.
If you are considering pursuing a claim in Alaska you need the counsel of a personal injury attorney who understands the nuances of Alaska law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.