Before filing a car accident lawsuit in Anchorage, you must understand how the legal system works for this type of case. Alaska state laws set deadlines for when you need to file and in some cases will limit how much you are able to recover.
For example, Alaska has different rules for economic damages and noneconomic damages. Economic damages refer to compensation for expenses such as medical bills or lost wages due to the accident. Meanwhile, noneconomic damages are intended to compensate you for less tangible losses, such as pain and suffering or emotional distress.
Alaska Statute of Limitations for Car Accident Cases
The statute of limitations is the deadline by which you must file your car accident lawsuit. Failing to file in time could lead to your case being dismissed. In Alaska, the car accident statute of limitations is two years from the date of the accident.
Your circumstances could be cause for a longer timeline before you have to file. For example, the statute of limitations deadline for minors does not begin to run until they have turned 18. Speak with a lawyer if you are unsure whether your claim is still timely.
Alaska Laws for Car Drivers
These are some of the Alaska laws that commonly impact car accident claims.
- Requirement to remain at the scene. If you have been involved in a car accident that damaged property, injured a person or resulted in a person’s death, then you must render aid as you are able. You must also exchange contact and vehicle information with everyone involved in the accident.
- Accident reporting requirements. The police must be notified of any accident that causes death or injury to a person or property damage worth $2,000 or more. This can be done by calling the local police or contacting the Alaska Department of Public Safety.
- Damage caps. The amount of noneconomic damages that can be awarded in car accident cases is subject to a cap. If the car accident causes severe impairment or disfigurement, the cap will be $1 million or $25,000 multiplied by the person’s life expectancy in years, whichever is greater. For less severe injuries, damages are capped at $400,000 or $8,000 multiplied by the person’s life expectancy in years, whichever is greater.
Identifying Fault for Car Accidents in Alaska
Establishing which party was at fault for a car accident is an important part of this type of case. The party at fault is responsible for compensating those harmed by the accident.
Alaska law follows a pure comparative negligence rule to establish fault. Each party involved in the accident will be assigned a percentage of fault. For example, one driver might be found 80% at fault for the accident, while the other is 20% at fault. Under pure comparative negligence, your damages are limited by your fault percentage. So if the driver found to be 20% at fault was awarded damages, their award would be reduced by 20% to account for their proportion of fault.