Pain and Suffering Damages in Alaska

Ever since your car wound up sliding across three lines during the most intense blizzard you have ever seen, your neck will not stop throbbing. You may have already figured out that the driver responsible was legally obligated to pay for your medication co-pays, doctor visits, and car repairs, but did you know that you may be entitled to additional compensation because of that throbbing pain in your neck? The following information could help you recover pain and suffering damages in Alaska.

Non-economic Damages

A damage award typically includes economic and non-economic damages. In Alaska, pain and suffering damages fall into the larger category of "noneconomic losses" otherwise known as non-economic damages. By law, noneconomic damages in Alaska include:

• Pain
• Suffering
• Inconvenience
• Physical impairment
• Disfigurement
• Loss of enjoyment of life
• Loss of consortium
• Other nonpecuniary damage

For more details on pain and suffering damages in Alaska, see the table and accompanying explanations below.

Pure Comparative Negligence

Fortunately for injured parties, Alaska has adopted pure comparative negligence. This means that even if you are partially to blame for your injuries, you can still recover damages from the other person responsible for your injury.

Available Claims

Like most states, Alaska does not offer pain and suffering damages in workman's compensation claims. However, pain and suffering damages are available in the following cases:

• Medical malpractice
• Personal injury
• Pre-death pain and suffering
• Slip and fall
• Car accident

Damage Limits

Alaska has state-imposed limits on the amount of noneconomic losses a court can award to an injured party. In medical malpractice cases, for instance, claims for noneconomic losses, including pain and suffering, are limited to $250,000, unless the claim is for wrongful death or severe permanent physical impairment that is more than 70 percent disabling, in which case the cap is $400,000.

In most other cases, a claim for pain and suffering damages is limited to $400,000 or the injured person's life expectancy in years multiplied by $8,000, whichever is greater. However, if the damages are awarded for the related claim of permanent physical impairment or severe disfigurement, the court may award up to the greater of $1,000,000 or the injured person's life expectancy in years multiplied by $25,000.

Alaska also has state-imposed time limits, known as statutes of limitations, on how long an injured party can wait before filing a lawsuit to recover damages. A personal injury or wrongful death case must be filed within two years. For a medical malpractice case, the injured person must file within three years.

Get Help with Pain and Suffering Damages from an Alaska Attorney

Unfortunately, it can be very difficult to estimate the amount of pain and suffering damages you may be awarded. If you've suffered an injury that left you with permanent physical marks which leave you unwilling to leave the house, you may be entitled to pain and suffering damages beyond the initial cap. To learn more about the pain and suffering damages which might be available to you in Alaska, get in touch with a personal injury attorney right away.