In the majority of states throughout the United States in order for a person to collect compensation because of personal injury is based on whether or not the person filing the claim was also at fault. While most states make allowances for human nature they are not too lenient feeling that the person filing claim should be relatively blameless. Alaska's laws make it unique when compared the majority of the United States personal injury laws. Even though Alaska requires the injured party to prove that their case is valid, they offer the injured individual more room for mistakes.
|Alaska Personal Injury Laws|
Statute of Limitations
|Damages Recoverable||Lost wages, future earning ability, medical expenses, property damage, pain and suffering, cost of household help|
|Strict Liability||Product manufacturer may be liable for injuries caused by a consumer product|
|Contributory Negligence||Pure Comparative Fault Rule: allows plaintiff to recover even if the damaged party is proven 99% at fault, though the recovery is reduced in proportion to the damaged person's degree of fault.|
Like all states Alaska requires that the individual filing the claim be able to prove that the party causing the injury was negligent or irresponsible. The person filing the claim should be able to prove to the court that the person who caused the injury was responsible for providing a duty to the injured party. In that respect personal injury in Alaska is similar to the rest of the United States. After that things get a bit interesting.
In many other states if an individual that is charged with causing the injury was providing a duty that led to the accident then they are negligent. Meanwhile, in Alaska, if an individual simply fails their duty is negligent. This means if they fail but do not cause you harm themselves, but their failure leads to a chain of events that causes the injury then they are still considered negligent.
In addition to letting the failure of duty which leads to an injury count as negligence Alaska personal injury also has a unique way of interpreting comparative fault. If the injured party was careless and their own carelessness caused the injury they are still able to receive compensation. In many states this is only if they were less than 50 per cent responsible.
However, in Alaska even if the injured party is 99 per cent responsible for their injury they can still be rewarded damages! The damages will be reduced in direct relation to their level of carelessness but they will still receive some compensation and have it recognized that they were injured because of the previous actions of another. The law also allows multiple parties to be held responsible for an injury. This means that several people can be found to be responsible to different degrees for the injured parties' troubles.
For information about your specific case, contact an Alaska personal injury lawyer.