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Damage caps and time limits for personal injury in Alaska

On Behalf of | Jul 25, 2023 | Personal Injury

Have you ever faced the agonizing aftermath of an accident? In Alaska, those who have suffered due to someone else’s negligence may receive compensation for their pain and suffering. This covers your immediate financial losses and the emotional toll it takes. These damages, often called “noneconomic damages,” aim to bring some relief in the face of such adversity.

Pure comparative negligence

Personal injury cases, such as slip and falls, car accidents and medical malpractice, allow for pain and suffering damages. However, workman’s compensation claims do not fall under this category. The good news is that Alaska practices pure comparative negligence. This means that even if you share some blame for the accident, you can still seek damages from the other party responsible.

Damage caps and time limits

There are limits imposed by Alaska law on the amount of noneconomic damages you can claim in personal injury cases. The federal law has set the cap for medical malpractice to $250,000. Alaska follows the same limit. For other personal injury scenarios, the cap can go up to $400,000 (or life expectancy multiplied by $8,000). But this can be higher for the damages due to severe disfigurement or permanent physical impairment.

It is crucial to act promptly if you wish to seek compensation. In Alaska, you must file a personal injury lawsuit within two years from the date of the injury. For medical malpractice, the window of opportunity extends to three years.

If you face injuries in a personal injury case in Alaska, you can pursue compensation for your pain, suffering and other noneconomic losses. However, there are damage caps and time limits to be aware of. It would be wise to seek guidance from a personal injury attorney to ensure you receive the compensation you deserve.