By FindLaw Staff | Legally reviewed by Garrett Monteagudo, Esq. | Last reviewed December 08, 2022
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Car accidents are common across the country, and Alaska is certainly no exception for car wrecks in daily life. Both minor fender benders and severe accidents happen every day on Alaska roads.
Continue reading to learn more about your rights under Alaska car accident compensation laws to recover damages.
There are two types of damages: economic damages and non-economic damages. The most common economic damages are medical bills. However, there are several other types of damages as well. Use a damages estimate worksheet to ensure no other damages are overlooked in your case.
Damages caps are laws that limit the amount of damages you can recover. Damages caps usually apply to non-economic damages such as emotional distress and pain and suffering. Here is the list of damages caps stated in Alaska Statutes:
| Statute of Limitations | The statute of limitations is two years for personal injuries. | |
| Non-economic Damages Cap | Under relevant law, the amount is $400,000 or the injured person's life expectancy in years multiplied by $8,000, whichever is greater. | |
| Non-economic Damages Cap for Severe Permanent Physical Impairment or Severe Disfigurement | The amount is set at $1,000,000 or the person's life expectancy in years multiplied by $25,000, whichever is greater. | |
| Punitive Damages Cap | Under relevant law, the amount may not exceed the greater of three times the amount of the compensatory damages awarded to the plaintiff or $500,000. |
Note: State laws are revised regularly. Therefore, you should contact an attorney or conduct your own legal research to confirm these laws.
If you were partly at fault for your own injuries, the amount of damages you can recover may be reduced by a percentage of your fault. In Alaska, the pure comparative negligence rule allows you to recover damages even if you were 99% at fault. In that case, you would still be able to recover 1% of the damages.
For example, consider a situation at trial where the jury determines that the total amount of damages is $100,000. They also determined that you were 90% at fault and that the opponent was 10% at fault. In most other states, you won't be able to recover any damages because you were more at fault. However, in Alaska, the pure comparative negligence rule allows you to recover 10% of $100,000, which is $10,000.
Even if you were at fault for your own injuries, you may be entitled to compensation in a car accident case. Personal injury is a complicated field of law. The legal process for car accident cases can be overwhelming. Contact an Alaska personal injury lawyer to get started with your case.
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