Legal Services

Injury & Death Claims           return to list of services

Negligence: Alaska law allows claims for personal injury and wrongful death. These claims normally arise because of a person's negligence. A person is negligent when he/she failed to act reasonably, and as a result, is a "substantial factor" in causing a victim's injury or death. A good example of typical "negligence" is driving too fast for road conditions, and running into another car. Negligence can also arise because of an airplane crash, a doctor ignoring symptoms, or a property owner leaving premises unsafe.

It is very important to note that negligence does not mean that a person intended to cause injury or death - only that he/she was a substantial factor in causing the injury or death. Being negligent does not make a person "bad." It does not result in a person going to jail. Rather, being negligent normally means that a person just wasn't paying close attention. and hurt or killed another person. Negligence arises by simply failing to avoid an accident that common sense says should have been avoided.

Negligence Is Not A Crime: Think about it: If a person intended to hurt or kill another person, the law would not seek monetary punishment. Rather, it would put that person in jail, where he/she belongs. The key difference between an "accident" (negligence) and "trying to hurt somebody" (a crime) is the state of mind. We don't need to put good-meaning, but negligent, people in jail because they are not a risk to society. When a person is "negligent" he/she can still be a good person, not a criminal. A negligent person just caused an accident, and must be held accountable.

Justice Equals Money: Alaska 's injury/death law is very pragmatic. Alaskan justice requires a negligent person to help the victim (or his/her family). Money equals justice in Alaska. In fact, money is the only justice that Alaskan law allows when somebody negligently injures or kills another. An injury/death claim is either: (1) settled by agreement before a jury is involved; or (2) resolved by a jury verdict after a trial. Jury trials only take place when: (1) a negligent person denies that he/she was negligent; or (2) a negligent person refuses to be accountable for all losses caused by the negligence. Realistically, the vast majority of injury/death claims are settled before a jury ever is involved. It is only when an insurance company refused to pay for all of the victim's losses that a lawsuit must be filed and a jury convened to render justice.

Social Utility: Alaska 's injury/death law serves public policy. It is only by ensuring that we are all accountable for our actions that society can continue to progress. Think about it: If we were not held accountable for driving too fast, what incentive would we have to slow down? Most folks would just buy bigger cars, and hope for the best. Or, if a doctor was not held accountable for doing the job right, what incentive would he/she have to stay current, learning more medicine? The law only asks that a negligent person fix all resulting damage so that he/she will have an incentive to be more careful in the future.

Type of Damages: Alaska allows injury/death claimants to be compensated for three basic types of loss: (1) medical bills; (2) lost income; and (3) pain/suffering.

Medical bills are normally easy for juries to calculate. Often, the parties will agree. Sometimes, the negligent person's insurance attorney will dispute chiropractic medical bills, suggesting that they are too high. Think about it, who actually goes to the doctor, just to run up medical bills? It might happen in a movie, but would an Alaskan ever do that?

Lost income arises from missing work, and for missing future opportunities to advance in a job. Juries normally calculate a fair amount of lost wages, past and future. Permanent injuries normally give rises to lost income for the rest of the victim's working life. Justice can require a very large verdict for lost wages.

Disability/lost enjoyment/pain/suffering are "human losses." Think about it: How much would you pay to avoid the injured person's pain for the rest of your life? In a smaller injury case, involving an automobile accident and a sprained neck or back, the "pain/suffering" component of justice may be small, as little as $10,000. At the same time, it may be larger if the suffering will last for years. It may even be hundreds of thousands of dollars if the injured person has more than 20 years of life expectancy, and significant pain. Of course, the problem is determining whether the injured person is genuinely hurting, or exaggerating. It is very important that jurors examine the injured person's medical records (usually chiropractic, showing an effort to get better) and testimony from the injured person's doctors and friends, explaining how the injury affects the injured person's life. By far and away, the largest part of any injury/death verdict is for "disability/lost enjoyment/pain/suffering." This part of justice can be many times the amount of justice required to compensate for medical bills and lost wages.

Insurance Protects: Insurance normally ensures that a victim (or his/her family) will receive justice. And, insurance is mandatory for all automobiles on Alaskan roads. However, some judges stop juries from hearing about a negligent person's insurance. These judges normally worked for insurance companies before becoming judges. They were trained to believe that if juries know about insurance, they may give the injured person a full cup of justice. A full cup of justice will cost the insurance companies money. For some reason, it is very important to some judges that they protect insurance companies. We think this is wrong. We think the focus should be on helping theinjured person instead.

Deep pockets: Some people accuse lawyers of "only suing deep pockets." This means that only people with insurance or corporations get sued. This is normally 100% correct. Think about it, what kind of lawyer would advise his/her client, the victim of negligence, to sue somebody who has no money or insurance? Lawsuits are lengthy, expensive and difficult in Alaska. What kind of lawyer would tell his/her client to file a lawsuit that had no chance of rendering justice because the negligent party has no money and no insurance? Be assured, only deep pockets get sued in Alaska. More importantly, because Alaskan law requires insurance, nobody will get hurt by a lawsuit that results in a victim receiving full justice.

If you are ever asked to be a juror, be assured that the negligent party has insurance, you'll just never hear about it in court.

Medical Malpractice Claims           return to list of services

Doctors sometimes make mistakes. They are sometimes inattentive. They are sometimes careless. They are sometimes drunk. Alaskan law allows for claims against inattentive, careless and drunk doctors who hurt or kill people. At the same time, if a doctor does his/her best, and the situation just doesn't turn out well, there is no claim against the doctor. Alaskan law does not require doctors to be right 100% of the time. Rather, Alaskan law requires doctors to act reasonably, be trained reasonably, and care for their patients appropriately.

The nature of medical care is that doctors are paid very well to make important decisions about their patients. They decide on appropriate medication, surgeries and treatments. As a result, if a doctor is inattentive, careless or drunk, he/she can badly hurt a patient. This gives rise to a medical malpractice claim. Doctors who hurt their patients because the doctor didn't do his or her job right should be held accountable - just like the rest of us.

Compensation: Like any other claim for injury/death, the negligent doctor is required to compensate his/her victim of medical malpractice for: (1) medical bills; (2) lost income; and (3) disability/lost enjoyment/pain/suffering. Fortunately, just about all doctors are insured. As a result, most medical malpractice claims can be settled to help the victim. If a medical malpractice claim ever makes it to a jury, it is almost always because the doctor refuses to be accountable for hurting someone.

Real Property Claims           return to list of services

Buy/Sell Dispute: Some people involved in real estate transactions try to cheat other people. They sometimes promise to sell land, and back out. They sometimes don't actually own the land they promise to sell. They sometimes just take the money and run. In those situations, the law allows the injured person to file a lawsuit, asking a jury to make them "whole." Making a person "whole" means putting that person in the same position as if the real estate deal went through and was completed without a hitch.

Condemnation / Eminent Domain: When the City, Borough, State or Federal Government needs to build a public project, it sometimes "take" private land to build it. Such a "taking" entitles the land owner to special treatment. The landowner is entitle to compensation for his/her land according to its "highest and best use." Furthermore, if the government fails to offer a fair amount when "taking" your land, you are entitled to full, actual attorney fees incurred in being paid correctly. That means you should always phone a lawyer when condemnation is happening, many will give you a free hour to explain where you stand.

Adverse Possession: Under Alaskan law, if a person uses another person's land "adversely" - then title eventually goes to the person using it. Sometimes known as "squatter's rights" - Alaska's adverse possession laws help clear up title on boundary disputes - and vest title to property in rightful owners. It is an interesting and challenging area of law that has strong social utility.

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