In Alaska, anyone suffering from a personal injury due to an accident is allowed to file a lawsuit two years from the date of the accident. Failure to file within these two years may result in losing the right to claim the injuries suffered.
Alaska statute of limitations personal injury is probably one of the hardest laws ever to comprehend and apply. The penalty for an error is almost prohibitive. You forfeit the right to compensation for your injuries. However severe and life-altering they may be. Consider seeking assistance from qualified accident and personal injury lawyers in Alaska.
What is the Statute of Limitations?
Generally, a statute of limitations refers to the maximum duration a legal claim can be made after an incident or injury. In the case of injuries sustained in any manner within the state, the Alaska statute of limitations personal injury is for two years from the period of the injury. These include injuries from car crashes, motorcycle incidents, or even falling and slipping.
These years are also meant to avoid any possible tampering of the evidence and to quicken the administration of justice. It also should be noted this is not the be all and end all, there are certain exemptions to this rule. And, this is exactly why involving accident and personal injury lawyers at an early stage is important.
Exceptions to the Statute of Limitations
As a rule, both parties have two years to file a suit with the court, but some events may lead to a prolongation of that period:
- Minors: If the injured person is a minor (under 18 years old), the statute of limitations doesn’t start until they turn 18.
- Mental incapacitation: It may be possible that the injured party is confined due to illness and involved in an accident. The law may allow the time limit to file a case to be pushed forward until the person’s illness is over.
- Discovery rule: Some injuries/impacts or the causes of those injuries may not be evident immediately. For example, if you were exposed to toxic substances but didn’t realize the effects until much later. The law may provide for the start of the claim at the date of the injury discovery.
Consequences of Missing the Statute of Limitations
If you fail to file your personal injury claim within the two-year window, the court will likely dismiss your case. This means several things, including that you shall be unable to seek compensation for injuries sustained from the accident. Thus, moving quickly and obtaining legal counsel is important to avoid intimidation by the decisive provisions.
Contribution of Accident and Personal Injury Lawyers
In Alaska, negotiating a settlement for damages associated with a personal injury is quite cumbersome yet very rewarding, especially considering that it is after an accident. Nevertheless, attorneys specializing in accidents and personal injuries are very important in simplifying obtaining one’s due and deserving compensation.
How Lawyers Help After an Accident
- Lawyers gather evidence to build a strong case.
- Personal injury lawyers help establish who is at fault for the accident to build a strong case.
- A skilled lawyer negotiates to ensure you get a fair settlement.
- Lawyers ensure that all documents are filed correctly and on time. This may prevent any issues arising from mistakes.
- Lawyers work to maximize the compensation you receive by considering all factors.
Crux
To protect your rights and maximize your chances of getting compensation, you should follow the time limits of Alaska’s statute of limitations on personal injury. Additionally, consult accident and personal injury lawyers as soon as possible to ensure your rights are protected and meet the statute of limitations. And do not wait because time is the worst enemy of your claim.
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