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Your Utqiagvik Personal Injury Attorney
Getting hurt rarely comes at a convenient time. You may be in pain, missing work and answering calls from an insurance company while trying to learn what you are owed. If your injury in Utqiagvik was someone else’s doing, start with the basics below and go at your own pace.
A quick note on what this page is: general information about Alaska injury law, written from the statutes, from a matching service that does not practice law. It is meant to help you ask good questions, not to decide your case.
Questions To Ask A Utqiagvik Injury Attorney
Ask these in any first conversation:
- If you were partly to blame. Ask what happens to your award if a jury assigns you a percentage of fault (AS 09.17.060).
- The date. Ask for the specific last day to file in your case. The general rule is two years (AS 09.10.070(a)).
- The cap. Ask how Alaska’s limit on noneconomic damages would apply to your injuries (AS 09.17.010).
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
- The people. Ask who will be in touch with you and how quickly they return calls.
Common Kinds of Injury Claims
Vehicle crashes
Vehicle injuries start with the same few steps: medical care first, then photographs of the scene, names and numbers of anyone who saw it, the other driver’s insurance information and any estimates for repairs.
Pedestrian and bicycle injuries
Walkers and cyclists hurt by a vehicle should write down the location, the time of day, the lighting and the signals as soon as they can. Witnesses who stopped are valuable, so ask for their contact details before they leave.
Falls and unsafe property
Slips, trips and falls come from spills, uneven surfaces, poor lighting and broken stairs. What matters is who controlled the place and how long the problem was there, so document the hazard and tell the owner or manager promptly.
Wrongful death
If a loved one died because of another person’s wrongful act or omission, a different set of rules applies. Alaska law lets the personal representative bring the action (AS 09.55.580(a)). You do not have to sort this out alone or quickly; an attorney can explain who is allowed to act and what the dates are.
Injured in Utqiagvik? Get matched with an attorney now.
Sharing Blame Without Losing Your Claim
People often assume that if they made a mistake, they get nothing. Alaska law says otherwise. AS 09.17.060 provides that contributory fault chargeable to the claimant diminishes the compensatory damages in proportion to that fault and does not bar recovery. So a claimant held 25 percent responsible receives 75 percent of the damages.
The statute that follows it, AS 09.17.080, deals with several people sharing responsibility. The judge or jury sets a percentage for every claimant, defendant and released person, and judgment is entered against each defendant according to that defendant’s percentage. Settling with one party does not remove that party from the fault allocation, which affects how a case with several defendants is handled.
What Alaska Caps In An Injury Award
In an action for personal injury or wrongful death, AS 09.17.010 limits awards for noneconomic loss, meaning pain, suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life and loss of consortium. The ordinary limit for a single injury or death is the greater of $400,000 and the injured person’s life expectancy in years times $8,000. In a personal injury action with severe permanent physical impairment or severe disfigurement, the limit is the greater of $1,000,000 and life expectancy in years times $25,000. This does not apply to economic loss such as medical bills and wages.
How Long You Have To File
A person bringing a claim for personal injury or death must commence the action within two years of when it accrued (AS 09.10.070(a)). A wrongful death action must be commenced within two years after the death, under AS 09.55.580(a). The clock can be paused while a claimant is a minor or legally incompetent (AS 09.10.140), and when a child under eight is injured, the time before the eighth birthday is not counted. Because exceptions are narrow and a missed deadline can end a case, ask about dates in your first conversation.
What The Other Driver’s Policy Must Cover
The minimum liability limits for an Alaska owner’s policy are $50,000 per person, $100,000 per accident for injuries, and $25,000 for property damage (AS 28.20.440(b)). Those figures are floors, and a serious injury can cost more than the other driver’s policy pays.
That is why your own uninsured and underinsured motorist coverage can become important. The statute calls for it at those same amounts, but an insured may reject it in writing under AS 28.20.445, so check what you chose.
Local Courts and Care Near Utqiagvik
According to the Alaska Department of Health, Samuel Simmonds Memorial Hospital is a Level IV trauma center in Utqiagvik. Look under Utqiagvik in the Alaska Court System directory: the Second Judicial District location is at 1250 Agvik Street. The Census Bureau places Utqiagvik in North Slope Borough.
Whichever provider treated you, request your complete records and an itemized bill, and keep a list of every appointment. If you were transferred to another hospital, ask for the paperwork from both ends of the transfer.
Beginning Your Case Review In Utqiagvik
Use the form at the top of the page to tell us what happened. We connect you with an attorney who takes injury cases in the Utqiagvik area. There is no charge to submit it, and submitting it does not hire anyone.
Meanwhile, jot down the facts while they are fresh: date, time, place, who was there, what care you have had and what work you have missed. Save every bill and every message from an insurer.
Frequently Asked Questions
Is there a limit on noneconomic damages in Alaska?
Yes. AS 09.17.010 caps noneconomic damages at the greater of $400,000 or $8,000 times life expectancy, with a higher cap for severe permanent impairment or disfigurement.
How much insurance does the other driver have to have?
An owner’s policy that meets Alaska’s financial responsibility law must provide at least $50,000 per person and $100,000 per accident for injuries, and $25,000 for property damage (AS 28.20.440(b)).
What should I save for my claim?
Save treatment records and bills, photographs, the report number if there is one, pay stubs that show lost work, estimates for repairs, and every letter or email from an insurance company.
Should I speak with the other driver’s insurance company?
You are free to talk to them, but you are not required to give a recorded statement immediately. Saying that you want advice first is a reasonable answer.
How much does it cost to be matched with an attorney here?
Nothing. The form is free to use, and many injury attorneys work on a contingency fee. Ask to see the agreement in writing before you sign.
How long will my injury claim take?
There is no fixed time. Claims often wait until you finish treatment so the total losses are known, and cases that go to court take longer than ones that settle.
How long do I have to file an injury lawsuit in Alaska?
For most personal injury claims, two years from when the claim accrued (AS 09.10.070(a)). A wrongful death action must be commenced within two years after the death (AS 09.55.580(a)).
Can I still recover if the accident was partly my fault?
Yes. Your award is reduced in proportion to your share of fault, but fault does not bar a recovery in Alaska (AS 09.17.060).
If You Were Hurt Somewhere Else In Alaska
The same matching service covers more of Alaska. Pick the community closest to where it happened.
