When you've been injured by someone else's carelessness, it's important to take some steps to help make sure your claim is settled fairly and quickly:

• Write down everything you remember about the accident or injury, such when and where it happened; the names, addresses and phone numbers of witnesses, police officers and insurance company representatives (or company or workers' compensation representatives if it was a work-related injury)
• Talk to an Alaska personal injury lawyer before making any statements, written or verbal, to insurance company adjusters or representatives
• Let anyone you think may be responsible for the injury know right away that you intend to file a claim against them
• Gather and keep evidence, such as photographs of a car accident or injury scene; clothing; damaged personal belongings; etc.

How Do I Figure Out Who Is at Fault?

In most cases, you must prove the person who caused the injury was negligent. That is, he didn't use reasonable care. In Alaska, you must prove:

• The person who caused your injury owed you a duty
• The other person broke or breached that duty
• You suffered damages
• The other person's failure caused your injury

Alaska follows the pure comparative fault rule. If your carelessness helped cause your injury, the amount of damages you can recover is reduced by your percentage of fault. For instance, you may recover damages if you were 99 percent at fault for your injury. But, you're only entitled to 1 percent of the damages the judge or jury awards you.

In Alaska, if more than one person was negligent in causing your injury, each of them is responsible for a portion of your damages. Their portions are determined by the amount or degree of their fault.

If you've been injured by a consumer product, the manufacturer or seller of the product may be responsible under strict liability law. Generally, it makes some people responsible for damages caused by their products, regardless of their "fault." Under Alaska law, you need to prove:

• The product was defective
• You used the product the way it was supposed to be used
• The defect caused your injury
• You suffered damages

What Is My Claim Worth?

Under Alaska law, the person who injured you is responsible for:

• Past, current and future estimated medical expenses
• Time lost from work, including time spent going to medical appointments or therapy
• Any property that was damaged, such as your vehicle
• The cost of hiring someone to do household chores when you couldn't do them
• Any permanent disfigurement or disability
• Your emotional distress, including anxiety, depression and any interference with your family relationships
• A change in your future earning ability due to the injury
• Any other costs that are a direct result of your injury

In Alaska, there are caps on noneconomic damages in personal injury cases. These include damages for pain and suffering and emotional distress. The cap is $250,000 to $1 million depending on the type of case; it's $400,000 in most cases.

In some cases you may need an expert to explain your injuries and why you're entitled to certain damages. This is very common in medical malpractice cases. A lawyer will know what type of expert witness to hire to best prove your damages.

How Long Do I Have to File a Legal Claim?

In most Alaska personal injury cases, you only have two years to file a lawsuit against the person who injured you. If your lawyer hasn't been able to come to an agreement with any involved insurance companies or defendants, you definitely want to file a lawsuit before the two-year statute of limitations runs out.

Questions for Your Attorney

• Can I still file a lawsuit if I accepted a settlement offer from the other person's insurance company before I contacted you?
• The insurance company seems to be taking me and my injuries seriously. Why do I need to hire a lawyer?
• Is the other person's insurance company entitled to look at my medical records without my permission? Should I let it have access to my records?

Related Resources on Lawyers.com^sm

- Contact a Personal Injury Law Lawyer in your area for specific legal advice, and read Personal Injury: Selecting a Good Lawyer
- Need a form? Access hundreds of Personal Legal Forms, including a Medical Records Request
- Read Businesses May Be Protected from Injury Lawsuits and FAQ: Suing after Injury, or access more Personal Injury Law articles and information
- Legal Dictionary
- Visit the Legal Forums for discussions on Personal Injury Law topics