How An Attorney Can Help You Get Personal Injury CLAIM?
It is true that slip-and-falls and car accidents are the most prevalent “personal injury” cases in Alaska, a quality Attorney in Anchorage Ak is able to also prosecute many other types of cases in which a person suffers some sort of “injury” due to someone else’s action or inaction. Some examples are described in the following paragraphs.
For example, nursing home residents are highly vulnerable people, due to their age, mental and physical deficiencies and/or medical issues. These people are typically unable to care for themselves and, as such, are easy targets for abuse by employees of the facilities in which they reside. This maltreatment often leads to significant injuries to these defenseless people, thus warranting justice in the form of monetary compensation.
Alaska’s the Department of Health & Social Services is assigned with tasks including the licensing and monitoring of nursing homes, assisted living facilities, and the like. But while the law governing these types of facilities enacts laws regarding (a) licensing, (b) operation, (c) variances, (d) violations, (e) statutes and (f) regulations, a qualified Attorney In Anchorage Ak is required to help you obtain compensation as a result of this abuse for the victim or family members.
So how can an attorney help? First, she will assess the value of such a lawsuit by looking at (i) economic damages, such as medical expenses, loss of income and fees expended in litigating the case, (ii) non-economic damages such as emotional trauma, pain and suffering, and loss of a loved one and (ii) punitive damages, while keeping in mind that punitive damages are only available in limited situations in Alaska.
To be clear, although the laws are designed to help prevent nursing home abuse and negligence, a civil lawyer is important to get you the merited monetary relief for the victim or the victim’s family.
Another area less well-known but falling under the ambit of “personal injury” is the dog bite, which have certain rules specific to these cases, which is another reason it is important to retain an experienced attorney if you are injured as a result of such an animal attack.
First, consistent with most personal injury claims, Alaska only allows a victim two years to file a lawsuit. If this deadline is missed, the victim is likely to forever be barred from recovering for her injuries, no matter how severe.
Next, Alaska’s “one bite” standard stands for the rule that a dog’s owner is not generally liable for a person’s injuries unless said person is able to prove that the owner knew, or should have known, that the dog was likely to bite the victim. To prove this, evidence such as prior biting incidents or a dog’s bad temperament is persuasive, but not automatic, thus presenting quite a challenge.
Third, also consistent with other personal injury matters, Alaska uses a “comparative negligence” standard, meaning that if the victim is found in any way responsible for the incident, any award will be reduced by the percentage of fault assessed to him. For example, if a person walks by a yard and incites the dog into a rage, causing the dog to hop the fence and bite, any award to the victim is likely to be reduced.
Finally, an experienced attorney will also sue a rental management company in the situation where representatives of the company knew there was a vicious dog and did nothing to prevent the attack. This provides a second “pocket” from which to collect, in addition to the dog’s owner.
When it comes to preparing, these skilled attorneys will be ready for defenses to dog bit claims which are likely to include (i) that the owner had no knowledge that the dog could bite someone, (ii) that the victim was partly or totally responsible for the incident, something that may reduce the amount of any award to a victim and (iii) that the victim was trespassing.
Dog bites and nursing home abuse are just two types of “personal injury” cases that many do not realize fall within the category. In fact, qualified attorneys are able to prosecute any claim where someone else’s negligence caused you harm. In doing so, they will listen to your story, gather the required information, research the appropriate laws, regulations and procedures, and prosecute your case. The steps involve will include filing the complaint, serving it, how to use the discovery process to obtain information through written demands and depositions, and eventually conduct a trial, all with the goal of settling the matter beforehand. While it is likely that settlement—or there will be a negotiated resolution—will eventually happen, your attorney must have the knowledge, ability and confidence to take your case all the way to trial and beyond, if necessary.