Statute of Limitations on Personal Injury Claims
According to a Martindale-Nolo Personal Injury survey, about 70% of respondents with a personal injury claim received a payout. Under Alaska laws, personal injury and accident victims are within their rights to seek damages for their injuries and losses through an insurance claim or lawsuit. In addition, the law sets a statute of limitations (maximum time) that the injured person must bring a civil action to pursue financial compensation. Understanding how the statute of limitations affects your personal injury claims is imperative to mitigate possible issues when seeking damages.
At the Law Office of Jason Skala, LLC, I’m ready and poised to support and represent clients in their personal injury and auto accident claims. As a trusted Alaska personal injury attorney, I can examine all of the facts of your unique situation and educate you about how the statute of limitations affects your case. In addition, I will help file your claims as soon as possible and attempt to pursue the maximum possible financial compensation you’re entitled to. My firm proudly serves clients throughout Anchorage, Barrow (Utqiagvik), Bethel, and Kotzebue, Alaska.
Understanding Statute of Limitations on Personal Injury Claims
A statute of limitations is a law that specifies the maximum time after an auto accident or personal injury that the injured person or victim must initiate legal action in order to recover damages. Essentially, the statute of limitations helps safeguard and ensure the legality of a personal injury case. Also, it helps prevent a situation where the plaintiff will keep threatening or blackmailing the alleged defendant or responsible party for life.
Statute of Limitations for Personal Injuries in Alaska
The standard statute of limitations for the majority of personal injury cases in Alaska – including auto accidents, pedestrian accidents, dog bites, motorcycle accidents, product liability, and slip and falls – is two (2) years from the date of the injury or accident. Others include:
Fraud – 2 years.
Toxic tort – 2 years.
Wrongful death – 2 years.
Medical malpractice – 2 years.
Intentional torts – 2 years.
Libel and slander – 2 years.
Personal property damage in an auto accident – 2 years.
Injury or damage to personal property (excluding auto accidents) – 6 years.
Trespass upon real property – 6 years.
Generally, you will only be entitled to recover financial compensation for your injuries, damages, or losses suffered if you file your personal injury claim within the specified statute of limitations – unless under certain exceptions.
Exceptions to the Statute of Limitations in Alaska
There are certain legal exceptions that permit the court to prolong the statute of limitations, depending on the circumstances surrounding the claims. Here are some exceptions to the maximum time limit for filing personal injury claims in Alaska:
Delayed Discovery – The injuries or symptoms were delayed or hidden. Hence, the victim didn’t know they were injured, or the injury was discovered late.
Legal Disability – The injured person is mentally incompetent, a minor below 18 years old, a prisoner, or an insane person.
Relocation – The responsible party relocated, traveled out of the state, or went into hiding for an extended period.
Knowledge of Claims – The injured person didn’t know that they were entitled to bring a personal injury action or pursue damages from the responsible party.
A highly-skilled personal injury lawyer can review your case details and make sure you file your personal injury claims as soon as you can.
I’ve Missed the Filing Deadline. Now What?
As mentioned earlier, the maximum time limit for filing most personal injury claims in Alaska is two years. If you miss the specified deadline to file your claim – the 2-year statute of limitation – you may forfeit your legal rights to pursue compensation for your injuries and damages.
Unfortunately, the court will dismiss your claims for bringing the action after the statute of limitations has passed. As a result, you will have no leverage and be incapable of negotiating a settlement with the insurer, even if you suffered severe injuries or have a strong case.
You need to understand that the maximum period to bring your personal injury action passes by quickly. Therefore, you need to contact a practiced lawyer as soon as possible after the accident or injury. Your attorney can fight vigorously for your rights and walk you through the Alaska personal injury claims process.
Turn to Me for Skilled Advocacy
Being involved in an accident or suffering a personal injury can be overwhelming. Regardless, it is important that you file your claims as soon as possible to recover damages. At the Law Office of Jason Skala, LLC, I have the diligence and expertise to help you hold those responsible for your injuries accountable. As your lawyer, I can evaluate the extent of your injuries, file your claims within the specified time limit, and recover your deserved financial justice.
Contact me at the Law Office of Jason Skala, LLC, today to schedule a simple case evaluation with a dependable personal injury lawyer. I can offer you the personalized guidance you need in your case and ensure that you do not miss the filing deadline. My firm proudly serves clients throughout Anchorage, Barrow (Utqiagvik), Bethel, and Kotzebue, Alaska.