If you were injured in an auto crash, truck or motorcycle collision, slip and fall, or another type of accident, you may already know that you can seek compensation under Alaska personal injury laws. Generally, these funds are designed to reimburse you for the significant losses you suffer due to your injuries. However, you might not know that various types of compensation are available under state statutes on monetary damages, and additional rules apply to the amount you can ultimately recover.
However, obtaining compensation for your damages and losses can affect your overall lifestyle. Therefore, hiring an Anchorage attorney to assist you in evaluating your case and securing what you deserve is essential.
The Damages For Which You May Receive Compensation
The relief in monetary or other compensation awarded to victims by the court in personal injury cases can be provided in various forms. Thus, victims must hire an Anchorage attorney to get their benefits. In many instances, such as a car accident, the at-fault driver’s insurance company is liable to pay for the victim’s damages. In contrast, for workplace injuries, employers must provide compensation for the losses. The term ‘compensation’ is broad; therefore, here is a comprehensive explanation of the types of compensation that can be awarded to a victim for their losses:
Economic Damages
Economic damages are money given to victims of personal injury cases to cover losses, injuries, or other incurred damages. These damages are granted in civil court cases where a loss has resulted from another party’s negligence or unlawful actions. To obtain compensatory damages, the plaintiff must demonstrate that a loss occurred and caused by the defendant. Additionally, the plaintiff must quantify the loss amount so the jury or judge can properly assess it. Some of the most common economic damages include:
- Medical and hospital bills
- Medical treatments
- Rehabilitation expenses
- Physical therapy
- Ambulance expenses
- Medicine and Prescription drugs
- Domestic services
- Medical equipment
- Lost wages or lost employment income
- Increased living expenses
- Property replacement or repair
- Transportation
Noneconomic Damages
When a plaintiff can demonstrate a defendant’s liability in a personal injury or medical malpractice case, they may recover economic and non-economic damages. Economic damages refer to compensation for monetary losses incurred due to an accident. These may include medical bills, lost wages, property damage, loss of earning capacity, vocational rehabilitation, household services, and out-of-pocket expenses. Non-economic damages, however, are less tangible than economic damages and are assessed subjectively by the court.
Non-economic damages may encompass pain, emotional distress, humiliation, reputational harm, loss of enjoyment of activities, or the exacerbation of prior injuries. In certain states, this is commonly termed pain and suffering.
Punitive Damages
Punitive damages, also known as exemplary damages, are awarded to punish the defendant and deter others from engaging in similar conduct that led to the lawsuit. These damages often serve as a public example. Although punitive damages are awarded infrequently, they may be considered appropriate when compensatory damages are insufficient due to the defendant’s egregious behavior. Some states have adopted a split-recovery statute that allocates a portion of the punitive damages to the state instead of the plaintiff.
Typically, punitive damages exceed the amount of provable injuries. They are usually awarded only in personal injury law cases, such as personal injury or medical malpractice, rather than in cases involving contractual disputes. However, in certain situations, punitive damages may also be awarded in insurance bad faith claims that arise from an insurance policy. This occurs because, in some instances, the insurer’s breach of contract is so obvious that it hampers good faith and fair dealing in personal injury cases.
Comparative And Contributory Negligence Laws
Most personal injury cases are based on a theory of negligence. This means that the plaintiff must demonstrate that the defendant did not exercise the appropriate level of care under the circumstances, leading to the plaintiff’s injuries. However, car accidents, slip and fall incidents, or other mishaps can have multiple causes. Both the plaintiff and the defendant may share varying degrees of fault.
All but one state has chosen one of the following three approaches for victims who are partly at fault for their injuries:
- Contributory negligence: the plaintiff cannot recover damages if they were at fault in any way degree
- Pure comparative negligence means that the plaintiff can obtain damages adjusted based on their percentage of fault.
- Modified comparative negligence allows the plaintiff to recover damages, but their percentage of fault decreases, provided their fault is below 50 or 51 percent, depending on the state.
You need to understand personal injury laws and court regulations in Alaska. If you’ve suffered an injury and are considering filing an insurance claim or lawsuit, there’s much more to learn. You can be sure that your opponent will have skilled legal representation. To level the playing field, you should seek representation as well.
Therefore, you must also hire an anchorage attorney who can resemble or overpower the legitimate legal proceedings against the defendant. You must ensure that your winnings have positive results and that guaranteed compensation covers your damages.