Auto accidents can be traumatic, leaving in their wake people with severe physical injuries and emotional scars. If you have been hurt in a collision, subsequent legal action can be difficult to navigate.
Understandably, one of your key concerns is the probability of reaching a satisfactory settlement agreement. Many factors come into play that can influence the likelihood of securing a settlement after an car wreck, particularly the operation of Alaska law.
Under Alaska’s fault-based system, the party responsible for causing an accident is liable for the ensuing damages. This system significantly impacts the chances of a settlement as it involves determining and proving fault.
Although damages predicated on fault do not need to be calculated to negotiate and settle a personal injury matter, Alaska Statutes § 09.17.060 is still relevant. That statute establishes Alaska’s contributory negligence rule, which makes clear that an injured person is not prohibited from recovery because their conduct is partially to blame for their injuries.
This is important in settlement discussions because its instruction could diminish damages in proportion to the blame attached to a person’s actions. During negotiations, each side will predict the injured person’s contribution and offer settlement numbers grounded in those predictions.
Alaska’s mandatory insurance laws complement this fault-based scheme. All motorists in the state must carry motor vehicle liability insurance. Minimum coverage per accident is as follows:
Due to the compulsory nature of Alaska’s auto-insurance obligations, there is often some coverage available to compensate for damages. This legislative policy generally facilitates the settlement process, as insurers tend to avoid the duration and high price of litigation by settling claims out of court.
There are actions you can take to increase the likelihood of achieving your settlement goals, such as reporting your auto-wreck to the authorities, seeking immediate and continuing medical care, and preserving documentation of your injuries and expenses.
Per Alaska Statutes § 28.35.080, motorists must notify police of a crash when there is bodily injury, death, or apparent damage to property that meets or exceeds $2,000. If you are physically able to document the scene via video, photo, or by taking notes, you should. That information, alongside the police report, can paint a picture of what happened.
You should also immediately visit the emergency room, even if your injuries are not glaringly obvious. You may have underlying injuries that are serious and require medical treatment. This initial visit will initiate an official medical record. Over time, you should regularly visit your doctor to treat chronic ailments or be evaluated for delayed maladies. This will bolster your initial record.
By developing and retaining these records, you are collecting evidence supporting your case. This can be used to sway the other party into agreeing on your desired settlement.
Although no crystal ball can tell you the chances of receiving a settlement after an auto accident, Libbey Law could provide you with lawyers who know Alaska law and are determined to fight for the resolution you need.
If you have already documented your ordeal, we could help you build on that record. We can recreate the accident scene to demonstrate how your injuries occurred. We are prepared to step in while you heal and advance the evidence available on your behalf at the bargaining table. Call now to discuss your claim with our team.
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