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It is worthwhile for the client to
understand a few legal terms and concepts which apply to all personal
injury cases.
Personal
Injury Law: Check List
Automobile/Motorcycle Accidents
Though accidents can occur virtually anywhere and under any
circumstances, some of the more serious and costly accidents occur while
people are involved in transportation-related activities. It should be
stressed that tort litigation involving transportation-related
activities can be extremely complicated. Retaining an inexperienced
lawyer may result in a plaintiff losing a lawsuit or not receiving the
recovery that he or she deserves. It is important that plaintiffs choose
attorneys with appropriate levels of experience and familiarity with the
subject matter of the lawsuit. Like any state, Alaska has its share of
serious automobile accidents. Alaska requires its residents to carry
minimum vehicle liability insurance for their vehicles.
A claim for an automobile or motorcycle collision in Alaska requires
proving fault. The amount of the damages to which you may be entitled,
depends on the nature of your injury, the reasonable amount of your
medical expenses taken together with any loss of earning or loss of
earning capacity. There may be additional damages to which you are also
entitled, which we would be happy to discuss with you.
If you are in an accident, particularly if someone is injured or
there is a great deal of property damage, try to collect the following
information from the other driver(s) involved in the accident:
Automobile/Motorcycle Accident Checklist (Most Important Items)
- Name and address
- License plate number
- Make, model, and year of car
- Driver's license number
- Make note if it appeared the driver had been drinking.
- Note and try to write down everything the other driver said.
- Names and addresses of passengers in other cars
- Try to find people in the vicinity who may have seen the accident
and ask for their name and phone number.
Before moving any of the vehicle(s) involved in the accident, try
to write down the following:
- Position of your vehicle
- Position of any other vehicles
- Location of any tire marks, vehicle parts, glass, and other debris
caused by the accident that is in the vicinity
- Location of point of impact
- Road conditions
- Traffic conditions
- Weather conditions
- If you have a camera, take pictures of the site of the collisions,
and the vehicles involved......It would be extremely beneficial to
you to carry a disposable camera with a flash in your car at all
times, so that if you are in an accident you can accurately document
the incident.
After you move your vehicle write down the following:
- Date and time of accident
- Location of accident
- Speed of your car just before the accident
- Direction of your car and other cars involved in the accident
- If either car was turning
- If the car turning have its turn signal on
- Were headlights turned on in both vehicles (if it is night)
Personal
Injury Law: Definition List
- Claimant/Plaintiff: you, the person making the claim and
seeking money for damages, including medical expenses, loss of
earnings, and related financial losses.
- Damages: there are three broad types:
- General damages: your pain and suffering, mental and
physical, and your general disability.
- Special damages: out-of-pocket losses, lost earnings and
treatment bills.
- Punitive damages: extra money juries in some states can add
to the above damages to punish especially bad conduct.
- Defendant: the person or entity you are making the claim
against.
- Defenses: an insurance company representative often raises
some defenses to a claim. These may potentially reduce the value of
the case.
- Loss of Services: in many states a person other than the
actually injured person can bring a derivative suit--for example,
the uninjured spouse can seek damages for loss of the injured
spouse's services.
- Negligence: the lack of due care or failure to act
reasonably on the part of the person or corporation.
- Notice of Claim: Many governmental bodies (municipalities,
public corporations) need to have notice of a claim long before suit
must be brought. This is generally a very short period of time,
which varies according to state law and the particular governmental
body. Don't let the time elapse!
- Proximate or Legal Cause: the need for a substantial link
between the incident and the injuries that you suffered.
- Statute of Limitations: the period of time within which you
must sue, or otherwise you will be barred from suit. No two states
have the same rules and often it depends upon the legal theory of
your suit. Sometimes the issue is so complex that a court must
resolve it. In Alaska there is a two year general Statute of Limitations
for personal injury claims.
- Tort: a civil (not criminal) wrong. e.g. auto or motorcycle
accidents caused by the other party.
- Wrongful Death: If a person dies due to the fault of
another, a claim may be brought to collect damages. These damages
generally include both the pain and suffering the person had before
death, the financial loss of beneficiaries and, in some states, for
the suffering of the bereaved. The law is very complex as to who may
bring the claim and the people to whom the money goes.
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