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Alaska
Personal Injury Law
The
following summary of Alaska personal injury laws and case types will
help you understand important aspects of injury claims
in this state.
Alaska Statute of Limitations:
General Personal Injury: 2 years for negligent conduct.
Medical Malpractice: 2 years.
Products Liability: 2 years.
Wrongful Death: 2 years.
Libel/slander: 2 years.
Fraud: 10 years.
Caps on Personal Injury Awards in Alaska:
The
award
cannot exceed the injured party’s life expectancy in years
multiplied by $8,000 or $400,000 (whichever is greater). If it is a
severe disability, then you may multiply the life expectancy in years
by $25,000 or $1 million, whichever is greater.
Alaska Serious Injury Threshold:
There is no serious injury threshold in the state of Alaska.
Alaska is a
Fault state and follows the pure comparative negligence
system.
Personal Injury Claims & Theories of
Liability in Alaska:
Auto
Accident Claim: Liability for auto accidents is based upon
negligence
theories. Anyone driving owes a duty to all others on the
road to
operate their vehicle in a safe manner. When they fail to do so and
injuries result, the negligent driver can be held liable.
Medical Malpractice Cases:
These occur when a health care professional fails to follow the
expected standard of care when providing treatment which then results
in injury to the patient. This also falls under the category of
"medical negligence."
Wrongful
Death Case: A wrongful death case can occur in a variety of
situations
whether it is an auto accident, medical malpractice or
otherwise.
When a death occurs due to the negligence of another, the liable party
will be financially responsible to the estate of the decedent.
Slip
and Fall Accident: A property owner is under a duty which
varies
depending on the status of the injured party. In general, the
property owner must make their property safe, make reasonable
inspections and must notify others of all known dangers.
Product
Liability Lawsuit: Products that cause injury to others when
used as intended
are subject to strict liability. In these cases,
manufacturers,
designers and distributors can all be held strictly liable.
Workers'
Compensation Law: In Alaska, all employers must carry workers
compensation
insurance. If one of their employees is injured in the scope
of
employment, this insurance will cover medical expenses and settlements.
For More
Information Check out these sites:
Official
Alaska State Government Website
Alaska
State Bar Association
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Injury Laws
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