ATTORNEYS AT LAW 1009 W 7TH AVENUE ANCHORAGE, ALASKA 99501 TELEPHONE: (907) 279-4529 FAX: (907) 279-9223
©1997 by Steven Pradell
The climate and geography of Alaska make this state a difficult one for many seniors to live in. Icy roads and walkways can result in automobile accidents and slips and falls. Anchorage is a spread out city which requires us to traverse great distances, increasing our risk of travel-related accidents. As we age, it becomes more difficult for our bodies to heal easily from these injuries.
Some injuries are preventable, and taking steps to prevent injury may protect your legal rights. For example, wearing a seat belt may not only reduce your injuries. Failure to wear a seat belt can result in a jury awarding you less damages because your own negligence in not wearing the belt increased your injury.
Once an injury occurs, certain legal consequences can occur, depending upon the circumstances of the accident. Normally in Alaska, an injured person has two years from the date of injury to make a legal claim. This is called the statute of limitations. If the claim is related to employment, you may need to give your employer notice soon after the accident occurs. Employment related claims are normally addressed through Worker's Compensation insurance.
Insurance adjusters, law enforcement representatives, investigators and attorneys may attempt to question you about your accident to establish who is at fault. Often, these individuals may try to obtain some sort of admission from you so which can drastically effect your legal rights. Even small talk, like saying you're "OK" in response to a "how are you?" can be used to show that you are not as injured as you claim. It is normally best not to give a statement to anyone until you have consulted with an attorney who represents your interests. Civil and criminal penalties may apply if you are found to be liable for causing injury.
Many seniors experience difficulty in dealing with insurance companies when injury occurs. Adjusters have one primary motivation: reducing the liability of the insurance company. Adjusters score points with the insurance company if they settle cases for less than their potential value. The less money that an insurance company pays on a claim, the more profit they make. Adjusters succeed to the extent that they are able to reduce the value of potential claims like yours. Don't assume that you do not have a case if an adjuster tells you this, or offers you a quick but low settlement offer.
It may be important that you contact an attorney as soon as possible after an accident to obtain advice regarding your rights, responsibilities, and potential claims for injuries to yourself, your car, your passengers, and any other damages. It is wise to contact an attorney before you make any statement to an insurance company. The Alaska Bar Association can refer you to an attorney who can answer your legal questions regarding these matters.
Steven Pradell is an Anchorage attorney with a practice emphasizing probate and estates, personal injury, criminal and family law. ©1997 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose.
The law office of Pradell and Associates provides low cost legal consultations. Attorneys can recommend a course of action which can assist you in resolving your case. A helpful staff provides prompt, courteous services to meet your legal needs. Give Pradell and Associates a call today, at (907) 279-4529-- (279-4LAW).