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How the Statute of Limitations Affect Your Injury Claim

Statute of Limitations Affect Your Injury Claim

You should be compensated for injuries sustained in an Alaska accident. However, you should file an injury claim at the earliest opportunity because the right to file legal action doesn’t last forever. You will be barred from filing an injury claim if you exceed Alaska’s statute of limitations on personal injury.

Alaska statute of limitations on personal injury in Alaska provides a guideline for filing personal injury claims in Alaska. In other words, you cannot just file an injury claim any time you want, so you shouldn’t take long before consulting an injury attorney after an accident.

Statute of Limitations Explained

A statute of limitations is a legal restriction for filing a personal injury lawsuit. In simple terms, statute limitations are imaginary clocks used when filing injury claims. The clock starts ticking in three ways:

  • On the date of the accident;
  • When the victim of an accident, or
  • When causation is established.

You can file a civil lawsuit and recover damages from the faulting party before the statute of limitations expires. You forfeit the right to file legal action and recover compensation once this time limit expires or runs out.

How Long is the Statute of Limitations for Personal Injury Claims

The statute of limitations for personal injury cases in California is determined by the type and cause of the injury sustained by the plaintiff. A breakdown of common statutes of limitations in Alaska are;

Bodily Injury: 2 years from the date of your accident

Property Damage: 6 years from the date of your accident

Medical Malpractice: 2 years from the date of injury

Product Liability

2 to 10 years from the date of the injury

Wrongful Death

2 years from the date of death

Birth Injury

Claims must be filed before the end of the second year.

Claims Against the Government

Did you know that you can sue the government and recover damages if they are responsible for your injuries? However, different rules will apply to injury claims involving the government.

The statute of limitations in most jurisdictions is shorter than for ordinary injury claims. You may also be required to make a complaint with a specific government agency when suing the government.

The government should review the complaint and respond within 180 (6 months). If the government denies responsibility for your injury, you will be forced to file a traditional injury action in a California civil court.

Recoverable Damages in Personal Injury Law

You may be entitled to financial and non-financial damages for your loss (property damage or bodily injury). The damages should cater to all expenses associated with your loss, except in wrongful death claims. The recoverable damages in personal injury law include:

  • Lost wages;
  • Lost consortium;
  • Medical costs;
  • Lost opportunity to earn, and
  • Damages for mental anguish.

The statute of limitations can make or break your case. In Alaska, personal injury claims should be filed within two years after the date of the accident or when an injury is discovered.

Categories: Auto Accidents
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