Even when you are involved in an automobile accident that the other driver clearly caused, it is not a simple process to procure an award for your damages. This is why it is so important to retain Attorneys In Wasilla Ak that have the training and experience so that the rights of yourself and others are adequately protected.
First, time limitations appear for both filing your lawsuit (as detailed below) and providing certain papers to the relevant local municipality. In order to make sure you comply with these requirements following your personal injury incident, you should look for the best Attorneys In Wasilla Ak.
On a related note, pursuant to Alaska Statute §09.10.070, any lawsuit seeking damage to personal property (such as automobile damage) must be filed within two (2) years, whether or not it is part of a legal action with multiple issues or a standalone civil suit.
If you miss the above-stated deadline to file your lawsuit, it is likely that the person you sue will file papers seeking to dismiss your suit. Unless you have already been granted an extension of this deadline (something difficult to obtain in most circumstances), the Court will dismiss your case and you will be forever barred from recovering monies, even if the property damage was unequivocally another person’s fault.
Also, when someone is involved in an automobile accident, even when it does not involve injury to a person, it is vitally important to report the incident to the relevant authorities to protect your rights. Indeed, Alaska Statute §28.35.080, titled “Immediate Notice of Accident” requires, in many circumstances, the driver of a vehicle involved on an accident where property damage appears to exceed $2,000.00, to forward written report of the incident to the Department of Public Safety, Department of Administration and/or the local police department.
Qualified Attorneys In Wasilla Ak will also know that Alaska uses a comparative fault analysis to award damages. In other words, a judge or jury will reduce any award based on any fault you are deemed to have in causing the accident. In other words, even if you prove $10,000.00 worth of damage to your vehicle, but a judge or jury decides that you were half (50%) responsible for the occurrence, you will only receive a payment $5,000.00. The remaining $5,000.00 will now come out of your own pocket. A strategy for how to prosecute your case is required to avoid any reductions in your award.
Once you retain qualified attorneys, they will know and inform you that awards for physical injuries may most commonly be had for (a) economic damages (such as lost wages, medical bills and the like), (b) non-economic damages (pain and suffering), (c) emotional distress, (d) wrongful death, and (e) loss of consortium (awarded to the injured person’s partner due to the inability of the injured party to perform as they did before). While the first category above is typically provable through documentary evidence, the others are more subjective and require the convincing of a judge or jury to decide in your favor. Qualified personal injury attorneys know how to present the facts to a judge or jury that will aid in increased awards to an injured person. Unless in very rare circumstances, a physically injured person CANNOT collect punitive damages in personal injury cases.
And when it comes to practice and procedure, experience is key, primarily because every nation has different laws, policies and procedures. And within our nation, each State has different laws, policies and procedures. And within each State, each county has different laws, policies and procedures. And within each county, each city has different laws, policies and procedures. And within each city, each courthouse has different laws, policies and procedures. And within each courthouse, each judge has different laws, policies and procedures. The nuances can be of great importance.
Based on the above, in any personal injury incident, no matter how minor you believe it to be, whether or not you feel you need a lawyer for a car accident, it is important to speak with the best Wasilla attorneys before you speak with any representative of an insurance company. Whether or not you ultimately retain an attorney to pursue your claim, advice from a lawyer familiar with automobile accident and local laws and procedures can often help you avoid torpedoing your claim, no matter how strong it may be.
Therefore, consulting with an attorney promptly and filling out the proper forms not only ensures compliance with relevant laws and regulations, but also serves to create a paper trail with all relevant information, something that can only serve to improve your chances at prevailing on your claim. On the other hand, the failure to do so could eliminate your chances at victory before you even begin the process.
