Feeling Lost After an Accident? An Injury Claims Lawyer Can Help.
An accident can turn your world upside down in an instant. One moment, you’re commuting or working in Point MacKenzie, and the next, you’re dealing with injuries, medical appointments, and overwhelming financial stress. The path forward can seem confusing and isolating. Understanding the personal injury claims process in Alaska is the first crucial step toward taking control of your situation, protecting your rights, and securing the resources you need for a full recovery. At the Law Office of Jason Skala, we provide the compassionate, experienced guidance Alaskans need during these difficult times.
The First Steps: What to Do Immediately Following an Injury
Your actions in the moments, days, and weeks after an accident are critical. They not only impact your health but also form the foundation of a potential injury claim. Focusing on these key areas can make a significant difference.
1. Prioritize Your Health and Safety
Your well-being is the top priority. Seek immediate medical attention, even if you don’t think your injuries are severe. Some serious conditions, like traumatic brain injuries or internal damage, may not show symptoms right away. Adrenaline from the accident can mask pain. A prompt medical evaluation creates an official record of your injuries, linking them directly to the incident—an essential piece of evidence for your claim.
2. Gather and Preserve Evidence
If you are able, document everything. Use your phone to take pictures and videos of the accident scene, your injuries, and any property damage. Collect contact information from witnesses. Report the incident to the appropriate authorities—the police for a car accident, your employer for a workplace incident—and obtain a copy of the official report. Keep a detailed journal of your symptoms, medical treatments, and how the injury affects your daily life.
3. Understand and Respect Legal Deadlines
In Alaska, there is a strict time limit for filing a personal injury lawsuit, known as the statute of limitations. For most personal injury cases, you have only two years from the date of the injury to file your claim in court. If you miss this deadline, you will likely lose your right to seek compensation forever. This makes it imperative to act quickly and consult with an injury claims lawyer to ensure your rights are protected.
Navigating Insurance Companies and Legal Procedures
Once you’ve addressed your immediate needs, the legal process begins. This often involves dealing with insurance companies, which can be an intimidating experience. Insurance adjusters are trained to protect their company’s bottom line, which often means minimizing the amount they pay out.
Be cautious about providing recorded statements or accepting early settlement offers without speaking to an attorney first. These offers are often far less than what you are truly owed. An experienced injury claims lawyer will handle all communications with the insurance company, protecting you from common tactics and fighting for a fair settlement. The legal process typically involves an investigation, sending a demand letter, and negotiating a settlement. Most cases are resolved without going to trial.
| What You Should Do | What You Should Avoid |
|---|---|
| Seek immediate medical care. | Admitting fault or apologizing at the scene. |
| Report the accident to the authorities. | Giving a recorded statement to an insurance adjuster without legal counsel. |
| Document the scene with photos and witness info. | Posting details about the accident on social media. |
| Contact an injury claims lawyer for a consultation. | Accepting the first settlement offer. |
What Compensation Can You Claim in Alaska?
The goal of a personal injury claim is to recover “damages,” which is the legal term for monetary compensation for your losses. In Alaska, there are generally two types of compensatory damages:
- Economic Damages: These are tangible, verifiable financial losses. They are intended to reimburse you for out-of-pocket costs and include medical bills, lost wages, future lost earning capacity, and property damage.
- Non-Economic Damages: These compensate for intangible losses that don’t have a precise dollar value but significantly impact your quality of life. This includes pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement.
In rare cases involving extreme negligence, punitive damages may be awarded to punish the at-fault party. An attorney can help you calculate the full value of your claim, ensuring both current and future needs are considered.
Did You Know?
Alaska follows a “pure comparative fault” rule. This means that even if you are partially at fault for an accident, you can still recover damages from the other responsible party. Your total compensation will simply be reduced by your percentage of fault. For example, if you were found 20% at fault, you could still recover 80% of your total damages. This rule ensures that you are not unfairly barred from compensation if you bear a minor share of the blame.
A Local Perspective for Point MacKenzie Residents
Living and working in Point MacKenzie and the greater Mat-Su Borough presents unique challenges. Your daily life might involve traversing roads with unique hazards, like wildlife crossings or severe weather conditions, or working in demanding industries. Accidents in our community can range from vehicle collisions on Knik-Goose Bay Road to serious industrial incidents.
When you’ve been injured, you need an attorney who understands not just the law, but the local landscape. Jason Skala is a lifelong Alaskan with over 20 years of experience representing clients in cases involving oil field injuries, aviation accidents, and complex vehicle collisions. This deep local knowledge is a powerful asset when building a strong case tailored to the specifics of your situation.
Protect Your Rights and Focus on Your Recovery
You don’t have to navigate the complex personal injury claims process alone. Let an experienced injury claims lawyer handle the legal burdens so you can focus on what matters most: your health. The Law Office of Jason Skala offers a free, no-obligation consultation to discuss your case and help you understand your options.
Frequently Asked Questions
How much does it cost to hire an injury claims lawyer?
Most personal injury lawyers, including 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 owe any attorney fees.
How long will my personal injury case take?
The timeline for a personal injury claim varies widely based on the complexity of the case, the severity of injuries, and the willingness of the insurance company to negotiate a fair settlement. Some cases resolve in a few months, while others may take a year or more, especially if a lawsuit needs to be filed.
What if I was partially at fault for the accident?
Thanks to Alaska’s “pure comparative fault” rule, you can still seek compensation even if you were partially at fault. Your final award will be reduced by your assigned percentage of fault. It is crucial to have an attorney who can effectively argue against unfair allocations of blame.
Do I have to go to court?
The vast majority of personal injury cases are settled out of court through negotiations. Filing a lawsuit may be necessary if the insurance company refuses to offer a fair settlement, but even then, many cases settle before reaching a trial. An experienced attorney will prepare your case for trial while working to achieve a favorable settlement.
Glossary of Legal Terms
Statute of Limitations: The legal time limit within which you must file a lawsuit. In Alaska, it’s typically two years for personal injury claims.
Negligence: The failure to use reasonable care, resulting in harm to another person. This is the foundation of most personal injury claims.
Damages: The monetary compensation awarded to an injured person for their losses, including economic (e.g., medical bills) and non-economic (e.g., pain and suffering) losses.
Contingency Fee: A payment arrangement where the attorney’s fee is a percentage of the final settlement or award. You pay nothing if the case is not won.
Comparative Fault: The legal doctrine 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.