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How Much Can I Expect To Be Compensated For My Pain And Suffering?

Alaskan law allows an injured person to claim whatever losses you suffered as a result of another person`s negligence. You can recover your actual losses such as medical expenses, property damage, and lost wages. The law allows compensation for future medical and care expenses as well as future loss of income and earning capacity.

You are also entitled to noneconomic damages for pain, suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, loss of consortium, etc. Damages for noneconomic losses are limited to the greater of $400,000 or the plaintiff`s life expectancy in years multiplied by $8000. For severe permanent physical impairment or severe disfigurement, the cap is $1,000,000 or life expectancy multiplied by $25,000.

Punitive damages are only awarded if it is clear that the defendant`s conduct was outrageous, including acts done with malice or bad motives; or evidenced reckless indifference to the interest of another person. Ordinarily, punitive damages are limited to the greater of three times the compensatory damages or $500,000. If the defendant was motivated by financial gain and knew the consequences of his actions, the limit is the greatest of four times the compensatory damages, four times the financial gain, or $7,000,000.

Other Alaska Medical Malpractice FAQs

Q: What Happens If I Am Injured In The Course Of Medical Treatment?
A: If a medical professional makes an error which results in injury to the patient, the patient may be able to sue the negligent party or parties for monetary damages to … More
Q: How Do I Know If My Injury Constitutes Medical Malpractice?
A: In a malpractice action based on the negligence or willful misconduct of a health care provider, the plaintiff has the burden of proving that the defendant lacked the … More
Q: Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
A: Yes, there is and that time limit is referred to as the statute of limitations. In Alaska, medical malpractice actions for personal injury or death must be filed … More
Q: Who Can Be Held Accountable For The Medical Malpractice?
A: Generally, a medical malpractice claim can be brought against providers of medical or health care. This can include physicians, dentists, nurses, hospitals, and … More
Q: How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
A: Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive … More
Q: Does Signing A Consent Form Waive My Rights To File A Lawsuit For Medical Malpractice?
A: No, it does not waive your rights. A typical consent form indicates that you acknowledge the risks involved with a particular treatment or procedure. The health care … More