Personal Injury Lawyer in Alaska
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If you are a recent victim of a serious accident and you suffered one or more injuries, you and your family should first and foremost focus on the healing process. However, focusing on your recovery can be difficult with a steady stream of medical bills packing the mailbox and an aggressive insurance company demanding that you settle your claim for pennies on the dollar.
At Morgan & Morgan, we have helped hundreds of clients recover considerable paydays from insurance companies, as well as from the favorable rulings issued by civil court judges. Since we founded our firm in 1988, we have collected more than $15 billion for our clients.
After a serious accident such as a vehicle crash or an act of medical malpractice, victims need to act with a sense of urgency for a couple of reasons. First, Alaska personal injury statutes give you a limited amount of time to file a claim. Second, the claim process can take months, if not years to unfold. The quicker you receive just compensation, the quicker you pay off skyrocketing medical bills.
Find out how our team of personal injury lawyers in Alaska can help you recover the cost associated with a serious accident. Schedule a free case evaluation to get the ball rolling on your claim.
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What Is a Personal Injury Case?
A personal injury lawyer in Alaska litigates disputes between a victim of an accident and the insurance company responsible for compensating the victim. Your legal representation might also file a civil lawsuit because the other party committed one or more acts of negligence. For example, you slipped and fell at the local convenience store and the fall caused you to fracture your wrist. You might be able to file a civil lawsuit for negligence because store management ignored the spilled beverage that covered the floor.
A personal injury case can also involve negotiations to settle with an insurance company, as well as the other party that you have accused of negligence. Personal injury cases typically pay lump sums to the victims, whether the lump sum comes from an insurer or the defendant in a civil lawsuit. The key to winning a personal injury claim and lawsuit is to submit overwhelmingly persuasive physical evidence.
What Are the Most Common Types of Personal Injury Cases in Alaska?
Once a desolate frontier that settlers tried to tame for the mining of natural resources, Alaska has morphed into a state that enjoys a healthy population growth. Tourism has emerged as the dominant economic factor, but the state is also home to dozens of small startup tech companies.
The growth in population has produced an increase in the number of accidents, three of which are the most common types of accidents in Alaska.
Motor Vehicle Accidents
Motor vehicle accidents, which include cars, motorcycles, and off-road vehicles, have rapidly increased over the past 20 years in Alaska. A growing population combined with the development of a modern transportation system has created the perfect environment for motor vehicle accidents.
Many motor vehicle accidents involve distracted or impaired drivers. The result is devastating damage to vehicles, as well as severe injuries inflicted on the victims. Failing to yield to traffic because of a cell phone call is a valid reason for a victim of a car crash to file a civil lawsuit for negligence. If you suffer from one or more injuries that were caused by the negligence of another driver, you might have a strong enough case to receive just compensation.
Remember that insurance companies operate with one goal in mind: To limit payments to claimants. By working with a personal injury lawyer in Alaska, you demonstrate that you are serious about receiving the compensation you deserve for your auto accident-related injuries.
With Alaska having more coastline than the entire continental United States, boating is a common type of travel, as well as one of the most popular recreational activities. Add to the mix commercial vessels such as fishing boats, and you have the recipe for making Alaska a state that experiences one of the highest rates of boating accidents in the United States. Many of the same factors that cause motor vehicle accidents come into play when attributing blame for boating accidents.
For many recreational boating aficionados, alcohol is an integral part of the fun. Impaired judgment leads to dangerous maneuvers and operating boats at unsafe speeds. Negligence is the failure to act with reasonable care. When another operator of a boat consumes alcohol while on the water, an experienced personal injury lawyer in Alaska can make the case that the impaired operator failed to act with reasonable care.
Elder abuse is not just a problem in Alaska; it is an epidemic that has swept over the United States. When elderly Alaskans reach the most vulnerable age, someone must take care of their most basic lifestyle needs. Unfortunately, some elder care facilities do a poor job of screening employees and volunteers. The result is elder abuse that can cause significant injuries to the victims.
Neglect of the elderly cannot be overlooked. If you suspect a loved one is receiving substandard care at a nursing home or another type of assisted living facility, reach out to one of the personal injury attorneys at Morgan & Morgan. Of all the types of personal injury cases, proving elderly abuse is one of the most difficult cases to win. Nonetheless, when you work with a highly-rated personal injury lawyer in Alaska, you not only get the best legal services, but also a team of litigators that empathize with your situation.
What Do Monetary Damages Cover?
The most favorable outcome of a civil lawsuit is the awarding of monetary damages paid by the legally liable defendant to the plaintiff. Personal injury cases can end with the awarding of one or more of the following types of monetary damages.
Special Compensatory Damages
Special compensatory damages cover the costs incurred because of an injury or injuries. This type of monetary damages varies significantly among different plaintiffs. When we file a civil lawsuit for compensatory damages, we make sure to cover every last cent spent by our clients to recover from a serious injury.
Medical expenses represent the most substantial cost a personal injury victim must address. Expenses for diagnostic tests, treatment programs, prescription drug medication, and assistive devices used for rehabilitation can run into thousands of dollars. Healthcare providers want their money as soon as they bill patients, which means you need to act quickly to recover the cost of medical bills.
Other types of compensatory damages include lost wages, loss of future earnings, and standard household expenses such as utility bills.
General Compensatory Damages
General compensatory damages cover non-monetary damages, which can be difficult to quantify. The most common type of general compensatory damages is called pain and suffering. After a serious accident, you might start to feel emotional distress, whether that involves hesitation while driving or the anxiety caused by visiting a healthcare provider after you suffered from an act of medical malpractice.
Proving pain and suffering requires the expertise of a litigator who knows how to present compelling evidence. The attorney representing a defendant in a personal injury lawsuit might agree to negotiate a settlement for easy to quantify expenses like medical bills. However, the same lawyer might balk at agreeing to pay for the costs associated with pain and suffering.
Losing a loved one because of an accident can trigger an acute level of emotional distress. You might suffer from the loss of companionship, as well as miss the financial contribution made by the deceased family member. Wrongful death damages also pay for the cost of the funeral and burial. You can also request financial assistance to take care of any pre-death medical bills.
A judge or a jury awards punitive damages only when the plaintiff’s attorney can prove the acts committed by the defendant were intentionally made to hurt the plaintiff. One example of punitive damages awarded in a personal injury case is when a worker for a manufacturer of a product deliberately tampered with the product to cause harm. Some juries award punitive damages to victims of defective products because manufacturers have what is known as deep pockets.
What Is the Statute of Limitations for Filing a Personal Injury Claim in Alaska?
You must file a personal injury lawsuit before the deadline expires in Alaska. If you fail to meet the claim filing deadline, the attorney representing the defendant will ask the judge overseeing the case to dismiss your claim. In Alaska, you have two years after a personal injury incident to file a lawsuit in a civil court. If you discovered one or more injuries after the incident that caused them, then that is when the two-year clock begins to tick on your personal injury claim.
The most effective way to ensure you meet the deadline for filing a personal injury lawsuit is to work with a personal injury lawyer in Alaska. Your attorney will help you organize the evidence you need to file along with your claim.
What Is Alaska’s Comparative Negligence Rule?
One of the most common legal maneuvers that we see with personal injury cases is for the defendant to place at least some of the blame on the plaintiff. If the defendant can prove you were partly responsible for causing a personal injury incident, then the defendant’s lawyer will refer to Alaska’s “pure comparative fault” rule. This rule reduces monetary damages by a percentage that is equal to the plaintiff’s fault for causing the personal injury incident.
It takes an experienced personal injury lawyer in Alaska to argue against the application of the pure comparative fault rule.
Contact an Alaska Personal Injury Lawyer
You have two adversaries when it comes to a personal injury case. First, you have to deal with an insurance company. Second, if the evidence warrants litigation, you might file a civil lawsuit against the defendant. For both scenarios, you need the legal services provided by the team of personal injury attorneys at Morgan & Morgan.
Schedule a free case evaluation today to initiate the personal injury claim process.