What to Do After an Injury in Alaska: A Guide to Protecting Your Rights

Navigating the Aftermath of an Accident

An unexpected injury can turn your life upside down in an instant. Whether from a car crash on a slick Anchorage road, an incident at work, or a fall on hazardous property, the aftermath is often filled with confusion, pain, and mounting financial pressure. In these critical moments, the steps you take can significantly impact your health and your ability to secure fair compensation for your losses. Knowing how to protect your rights is the first step toward recovery.

This guide provides clear, actionable advice for Alaskans who have been injured due to someone else’s negligence. Understanding this process can empower you to make informed decisions during a challenging time and ensure you are positioned for the best possible outcome. For personalized guidance on your specific situation, a knowledgeable personal injury attorney can make all the difference.

1. Seek Prompt Medical Attention

Your health is the top priority. Even if you feel your injuries are minor, it is essential to get a medical evaluation as soon as possible. Some serious conditions, such as internal injuries or traumatic brain injuries, may not show symptoms immediately. A medical professional can provide a proper diagnosis and treatment plan. Furthermore, this creates an official medical record that connects your injuries directly to the incident, which is vital evidence for any personal injury claim.

2. Report the Incident Officially

Creating an official record of the accident is a critical step. The person or entity you report to will depend on the situation:

• Vehicle Accidents: Report the accident to the Anchorage Police Department or Alaska State Troopers. An official police report provides an objective account of the incident.
• Workplace Accidents: Notify your supervisor or manager immediately, following your employer’s established protocol for reporting incidents. This is especially crucial for specialized fields like oil field injuries.
• Premises Incidents (Slip & Fall): Inform the property owner, store manager, or landlord as soon as possible. Ask for a copy of the incident report they file.

3. Document Everything You Can

If you are able, gather as much evidence as possible at the scene. Use your smartphone to take pictures and videos from various angles. Document:

• The entire accident scene, including property damage, road conditions, skid marks, or the specific hazard that caused your fall.
• Your visible injuries.
• The other party’s information, including their name, contact details, driver’s license, and insurance information.
• Contact information for any witnesses. Their unbiased accounts can be incredibly valuable.

4. Be Cautious About Your Statements

Avoid admitting fault or apologizing at the scene, as this can be misinterpreted. When speaking with the other party or their insurance company, stick strictly to the facts. You are not obligated to give a recorded statement to the other party’s insurer without first consulting an attorney. Anything you say can potentially be used to diminish the value of your claim.

Key Alaska Laws That Affect Your Claim

Navigating a personal injury claim requires an understanding of Alaska’s specific laws. Two of the most important concepts are the statute of limitations and the rule of pure comparative negligence.

Alaska’s Statute of Limitations

In Alaska, you generally have two years from the date of the injury to file a personal injury lawsuit. This deadline, known as the statute of limitations, applies to most cases, including car accidents, slip and falls, and wrongful death claims. If you fail to file a lawsuit within this two-year window, the court will almost certainly dismiss your case, and you will lose your right to seek compensation. There are limited exceptions, such as for minors or when an injury isn’t discovered right away, but it is always best to act quickly.

Pure Comparative Negligence

Alaska follows a “pure comparative negligence” rule. This means you can still recover damages even if you were partially at fault for the accident. Your total compensation will simply be reduced by your percentage of fault. For example, if you were awarded $100,000 in damages but found to be 20% at fault, your recovery would be reduced by 20% to $80,000. Even if you are found to be 99% at fault, you can technically still recover 1% of your damages. This system makes it crucial to have an experienced advocate who can effectively argue the extent of the other party’s liability.

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

At the Law Office of Jason Skala, we work on a contingency fee basis. This means you pay no attorney fees unless we win your case. Our fee is a percentage of the final settlement or verdict we secure for you, so there are no upfront costs to get expert legal representation.

What is my personal injury claim worth?

The value of a claim depends on many factors, including the severity of your injuries, the cost of medical treatment (past and future), lost wages, and the impact on your quality of life (pain and suffering). An experienced attorney can evaluate these damages to determine a fair value for your claim.

Should I accept the insurance company’s first settlement offer?

It is generally unwise to accept an initial offer from an insurance company. These first offers are often far less than what you are entitled to and may not cover the full extent of your future needs. It’s best to consult with a personal injury lawyer who can negotiate on your behalf to ensure any offer is fair and comprehensive.

Statute of Limitations: The legal deadline for filing a lawsuit. In Alaska, this is generally two years for most personal injury cases.

Pure Comparative Negligence: A legal rule used in Alaska that allows an injured party to recover damages even if they are partially at fault, with the compensation reduced by their percentage of fault.

Damages: The monetary compensation awarded to an injured party for their losses. This can include economic damages (like medical bills and lost wages) and non-economic damages (like pain and suffering).

Negligence: The failure to exercise a reasonable level of care, resulting in harm or injury to another person. Proving negligence is the foundation of a personal injury claim.

Contingency Fee: A payment arrangement where an attorney’s fee is contingent on the outcome of the case. The lawyer only gets paid if they win the case, typically as a percentage of the recovery.