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What Damages Can I Recover?

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 Personal Injury FAQs

  • Q: I Was Injured. What Can I Do Now?
    A: You can make a claim against another party if they are more at fault for your injury than you are. Alaska is a comparative fault state. This means that a claimant's … More
  • Q: How Will My Claim Be Processed?
    A: If the person who caused your injury has insurance, an insurance adjuster will gather the pertinent records including medical records, medical bills, wage loss … More
  • Q: Who Is Responsible When A Person Is Injured?
    A: The law of personal injury is concerned with determining who may be responsible for your injuries and how much they should be required to pay for your damages. … More
  • Q: How Do I Decide If I Need To Hire An Attorney?
    A: There are situations where an attorney is unnecessary, such as very small cases. Small claims court in Alaska will handle claims up to $7500. If your injury is a … More
  • Q: How Much Will An Attorney Cost?
    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: How Long Do I Have To Hire An Attorney?
    A: The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is … More
  • Q: How Can I Determine How Much My Claim Is Worth?
    A: For purposes of settlement, a claim is valued upon an estimate of what a jury would likely believe the case to be worth, taking into account the severity of the … More

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