Understanding Your Right to Compensation After an Injury in Alaska

Economic Damages

These are tangible, calculable financial losses that you have incurred because of the injury. They are meant to reimburse you for out-of-pocket expenses and include:

• Medical Expenses: This covers everything from emergency room visits and surgery to ongoing physical therapy, medication, and future medical care.
• Lost Wages: If your injury prevents you from working, you can claim compensation for the income you have lost.
• Loss of Future Earning Capacity: If the injury is severe enough to affect your ability to earn a living in the future, you may be compensated for this diminished capacity.
• Property Damage: This includes the cost to repair or replace any property damaged in the accident, such as your vehicle.

Non-Economic Damages

These damages compensate for intangible losses that don’t have a specific price tag but significantly impact your quality of life. They are more subjective and include:

• Pain and Suffering: Compensation for the physical pain and emotional distress you have endured.
• Loss of Enjoyment of Life: If your injury prevents you from participating in hobbies and activities you once loved, you can be compensated for this loss.
• Mental Anguish: This covers conditions like anxiety, depression, or PTSD resulting from the trauma of the accident.
• Disfigurement: Compensation for scarring or other permanent physical changes.

Statute of Limitations

In Alaska, you generally have two years from the date of the injury to file a lawsuit. This is a strict deadline, and failing to file within this period usually means losing your right to seek compensation forever. There are limited exceptions, such as for minors or when an injury isn’t discovered right away (the “discovery rule”), but it’s crucial to act promptly. For cases of wrongful death, the two-year period starts from the date of the person’s passing.

Pure Comparative Negligence

Alaska follows a “pure comparative fault” rule. This means you can recover damages even if you were partially at fault for the accident. Your total compensation award will simply be reduced by your percentage of fault. For example, if you are awarded $100,000 in damages but are found to be 20% at fault, you would receive $80,000. Even if you were 90% at fault, you could still recover 10% of your damages. This system ensures that every party is held responsible for their share of the blame.

How much does it cost to hire a personal injury attorney?

Most personal injury attorneys, including the Law Office of Jason Skala, work on a contingency fee basis. This means you pay no upfront fees. The attorney’s fee is a percentage of the compensation they recover for you. If you don’t win your case, you don’t pay.

Should I talk to the insurance company before I speak with a lawyer?

It is highly advisable to consult with an attorney before giving a recorded statement to the at-fault party’s insurance company. Insurance adjusters are trained to minimize payouts, and anything you say can potentially be used to devalue your claim. An attorney can handle all communications on your behalf to protect your interests.

What if the accident was partially my fault?

Thanks to Alaska’s pure comparative negligence rule, you can still recover damages even if you were partially at fault. Your compensation will be reduced by your percentage of fault, but you are not barred from recovery unless you were 100% responsible.

How is “pain and suffering” calculated?

There is no single formula, but common methods include the “multiplier” approach (multiplying economic damages by a number based on severity) or a “per diem” (per day) rate. Ultimately, the amount is determined based on the severity and duration of your suffering, the impact on your life, and the judgment of the court or jury.