Attorney advertising is everywhere—television courtroom ads, radio jingles, internet pop-ups, email spam, and more. Many of these are for “personal injury” attorneys, advertising that “you won’t pay a nickel until we get you money.” And while this is technically true, if these attorneys are not qualified to handle the type of personal injury claim you are dealing with, there will be no money for you or the attorneys. Two such specialty areas for which you want the Best Lawyers In Wasilla Alaska are aircraft accidents and medical malpractice, both of which are very different from your typical car accident or slip-and-fall lawsuit. To find attorneys able to prosecute such specific claims, they must be capable and knowledgeable of at least the following.
Aircraft accidents have many potential causes, from (1) pilot error to (2) faulty equipment, (3) Federal Aviation Administration regulations violations, (4) structural or design problems, (5) negligence of flight station employees, (6) negligence of federal air traffic controllers, and (7) negligence in a third party’s selection of a carrier.
In addition, the Best Lawyers In Wasilla Alaska are also able to prosecute claims for more minor injuries such as twisted ankles due to trips and falls, concussions or other injuries resulting our of turbulence. In any case, your quality attorney must be able to prove that your injuries were due to the fault of the airline, its employees, maintenance crew, federal government (for air traffic controller error) or other person or entity in order for you to obtain compensation for your injuries.
In addition to knowing and being able to manage the obvious and nuanced differences between aircraft incidents and other types of negligence claims, capable attorneys also (1) require the execution of a retainer agreement so everyone’s rights and responsibilities are specified and known, (2) clearly explain for what you may and may not be able to obtain monies and the chances of such recovery, (3) are careful to let you know when to settle or when to risk taking your case to trial, (4) try to obtain every detail—no matter how minute—in order to properly prosecute and defend your claims and (5) help you recover for property damage and other claims, in addition to those arising out of your personal injuries.
Likewise, claims arising out of medical malpractice of a medical professional are subject to very specific rules and regulations which your attorney must be able to manage. Some of these include, but are not limited to:
1.The “statute of limitations,” or time by which you must file your medical malpractice claim is two years from the date the alleged malpractice took place. This may be extended if you do not “discover” the existence of your claim (i.e. you did not know you were hurt) until a reasonably later date and, as such, the clock would then begin to run from the date you “discover” the injury. Also, in the case where a child was injured, the statute of limitations does not begin to run until the child turns 8. Whether adult or child, no exception exists for a medical malpractice claim brought more than 10 years after the incident. Filing then will automatically be dismissed.
2.Alaska also places “damage caps” on medical malpractice awards. Indeed, while the amount you recover for medical bills, lost wages, and other quantifiable damages are limitless, non-economic losses such as pain and suffering, loss of enjoyment of life are limited to the greater of $400,000 or the injured person's life expectancy in years multiplied by $8,000. If, however, the injured party suffers a “severe physical impairment,” the cap increases to the greater of $1,000,000 or the injured person's life expectancy in years multiplied by $25,000.
3.Alaska’s “comparative fault” rule means that a medical provider may argue that your injuries were in some part due to the injured party’s own fault. Let’s say the injured person failed to follow instructions as to post-operative care or failed to take medication as prescribed; if the medical provider can prove that this caused 20% of the damages alleged, any award received may be reduced by a like percentage.
In addition to accidents and medical malpractice claims, the Best Lawyers In Wasilla Alaska are able to prosecute motorcycle accidents, car accidents, train accidents, slip-and-falls, trip-and-falls, products liability cases, wrongful death claims, boat accidents, police brutality claims, and claims for libel or slander (the last two falling under the category of “defamation.” No matter what, it is not only the law school attended, the expensive suits, the slicked-back hair and the pretty desk that matters. No, the amount of time spent preparing these cases, performing discovery in these cases and taking these cases to trial are important aspects to help determine which attorneys are the best to handle your injury claims.