Car accidents happen often. Although they are usually light and do not result in injuries, there are more severe impacts that result in significant injuries and/or death. If you or someone close to you suffers such a fate, it is always a good idea to reach out to an Auto Accident Lawyer in Alaska to see if you may be entitled to compensation for the injuries and the resulting suffering.
So when are you able to recover for your injuries?
Essentially, in order to be able to receive monies, you must be able to prove (i) the negligence or other wrongful act of another party and (ii) that, as a result, you suffered damages.
Let’s take the auto accident scenario first. Joe is driving down Hatcher Pass Road enjoying a scenic drive with his family. So is Dennis. While Joe is looking forward and concentrating on the drive, Dennis is switching between reading text messages on his cell phone and admiring the beauty of Alaska. Sure enough, they collide. Joe’s wife, Susan, is hurt and, unfortunately, Joe is killed.
Susan retains an Auto Accident Lawyer in Alaska to bring a lawsuit against Dennis based on multiple claims. First, she wants to collect monies for her own injuries. Second, she wants to bring a wrongful death claim on behalf of Joe’s estate.
First, for both claims, Susan must first establish that Dennis was negligent. She brings proof in the form of Dennis’ cell phone records that demonstrate that he was in fact texting back and forth just before the impact. She also has testimony from herself and an eyewitness in a different car that saw Dennis swerving in and out of his lane. This is enough to demonstrate Dennis’ negligence.
As for damages, there are multiple avenues of collection in this situation. First, Susan must prove economic damages on behalf of herself and Joe. She does this by presenting medical records and bills, funeral bills, property damage receipts and evidence of lost wages. There are used to prove objective economic damages.
In addition, Susan must demonstrate non-economic damages, which are more subjective. She does this by putting forth evidence of the pain and suffering she realized as a result of her own injuries and pain and suffering, loss of services, loss of consortium and other more subjective losses resulting from Joe’s death.
When this evidence is presented to a judge or jury at trial, they will use certain guidelines to compute a number that represents an appropriate award to Susan.
In short, there are many things that must be proven in order for Susan to recover monies for her injuries and Joe’s death. While it is true that, in exchange for his services, a lawyer will take a percentage of any recovery from Susan, the failure to hire such an attorney may result in no recovery at all, as Susan may not know the procedure and other requirements needed to be followed.