An accident-related injury can have a serious impact on your life and livelihood. Medical bills, out-of-pocket expenses, and lost wages can quickly add up, and you may be unable to do the things you once enjoyed. A victim may be entitled to monetary recovery for the injuries they suffered in an accident caused by someone else’s negligence. Importantly, a victim may still be able to obtain compensation if they were partly — or mostly —at fault for the accident under Alaska’s pure comparative negligence law.

What is Comparative Negligence?

Many people mistakenly believe that they cannot be compensated for an injury if they were partly at fault for the accident that caused it. Alaska’s pure comparative negligence law allows a victim to recover compensation as long as they were not fully to blame for the accident. A victim can recover their damages even if they were 99% responsible for their injuries. However, if they were 100% to blame, a victim would be barred from recovering their damages.

Alaska’s pure comparative negligence rule should not be confused with modified comparative negligence. Over 30 states follow the modified comparative negligence doctrine, which bars recovery if a victim’s share of fault is greater than or equal to that of the defendant. Specifically, some jurisdictions bar recovery at 51% of fault, while others apply a 50% fault threshold. A handful of states follow the pure contributory negligence rule, which bars a victim from receiving compensation if they contributed any amount of fault to the accident — regardless of how much the other party was to blame.

How Does Comparative Negligence Work?

Whether you were hurt in a slip and fall, a car crash, or another type of accident, it’s vital to know how comparative negligence works in order to understand what you may be entitled to recover. Comparative negligence apportions blame among two or more parties — and reduces the victim’s compensation based on their share of fault. For instance, if a jury finds that the victim is 30% at fault for a car crash and the other driver is 70% to blame, the victim’s compensation would be reduced by 30%. This means that if a victim suffered $100,000 in damages, they would only be able to recover $70,000.

What Damages Can You Recover Under the Comparative Negligence Rule?

If you were hurt due to another person’s negligence — even if you share some of the blame — you may be entitled to recover a wide range of damages. Economic damages are meant to cover the financial losses you suffered in connection with your injuries. Non-economic damages are meant to compensate for the intangible losses that are difficult to quantify, such as your pain and suffering.

Specifically, the damages that can be awarded in a personal injury case include:

• Medical expenses
• Future medical costs
• Lost wages
• Loss of earning potential
• Out-of-pocket expenses
• Pain and suffering
• Physical pain and mental anguish
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium

Although you can still recover compensation for your pain and suffering if you share fault for the accident, it’s important to be aware that non-economic damages are capped in Alaska. In cases without a “severe permanent physical impairment” or “severe disfigurement,” an award of non-economic damages is capped at $400,000 or the injured person’s life expectancy in years multiplied by $8,000. If a victim suffered “severe permanent physical impairment” or “severe disfigurement,” non-economic damages are capped at $1,000,000 or the person’s life expectancy in years multiplied by $25,000.

Are There Other Laws That Could Impact Your Right to Compensation?

When filing a personal injury claim, it’s essential to not only consider that comparative fault can impact your right to recover, but also the statute of limitations. In Alaska, you generally have two years from the date of the accident to pursue a personal injury claim. Even if you would be entitled to recover compensation, you may be barred from doing so if you do not file a lawsuit within the necessary time frame.

However, you shouldn’t wait until the statute of limitations has nearly expired to take legal action. Evidence can be lost, and witness memories may fade over time. In addition, your personal injury attorney will need time to investigate your case and build your claim. It’s crucial to act promptly to ensure your legal rights are protected.

Contact an Experienced Alaska Personal Injury Attorney

If you suffered injuries in an accident caused by someone else’s negligence, the defendant will likely assert comparative negligence in an attempt to reduce their liability and minimize your damages. It’s vital to have a skillful personal injury attorney by your side who knows how to maximize your compensation.

Proudly serving accident victims in Anchorage, Soldotna, Kenai, Palmer, Fairbanks, Juneau, Wasilla, and other areas of Alaska, The Trial Guy, Eric Derleth, is committed to representing clients for a broad scope of personal injury matters. Call 907-262-9164 to schedule a free consultation at our Anchorage or Soldotna office, or contact us online. Our phone lines are open 24 hours a day, seven days a week.