Comparative Negligence

Alaska Personal Injury Lawyers

Helping Clients with Comparative Negligence

Personal injury cases are almost never completely clear as to which party is at fault and which party is not.  Many situations involve scenarios where both parties to a personal injury lawsuit are at least partially to blame for the injuries suffered by the plaintiff, and the law in Alaska accounts for this reality.  Therefore, if you have been injured by someone else but are hesitant to bring a claim because you may be partially responsible for your injuries, you need to realize that you still could have legal rights at your disposal and contact an Alaska personal injury lawyer as soon as possible.

The manner in which Alaska law accounts for these situations is by using a widely accepted legal notion known as comparative negligence.  Comparative negligence basically allows claims to be brought by injured plaintiffs so that justice is not prevented and allows the jury to make the ultimate decision on the amount of damages that should be awarded.  Below is a brief overview of this legal doctrine.

Alaska Law – The Pure Comparative Negligence Standard

If someone is injured in an accident and the plaintiff is partially at fault for what occurred, Alaska law allows for the plaintiff to bring a valid legal claim against the defendant based on this doctrine.  Alaska follows what’s known as the ‘pure’ comparative negligence standard.  Below is a hypothetical situation that will explain how this works.

If the plaintiff and the defendant are involved in an auto accident that results in $100,000 in damages to the plaintiff, he or she can still file a lawsuit even if the plaintiff is partially at fault for the result.  During the trial, the plaintiff and his or her Alaska personal injury lawyer would present the case to the judge and the jury, and the defendant would also present his or her case just like any other trial.

When the trial is complete and the jury deliberates on the decision, it will generally make two decisions:

1. Was the defendant at fault for the accident; and
2. What percentage of fault should be assigned to each party?

Pure comparative negligence allows the jury to award an amount of damages to the plaintiff based on his or her percentage of fault.  For instance, if the jury finds that the plaintiff was 25% at fault, the damages award would be reduced to $75,000.  In the pure comparative negligence standard, the plaintiff could recover damages even if he or she is found to be 99% at fault.

However, there are other strategic decisions that need to be made regarding how this situation should be handled.  If you or someone you love has been harmed by someone else in Alaska, you should not hesitate to contact an Alaska personal injury lawyer even if you feel you were partially to blame for the result.  Contact Barber & Banker today to schedule a free initial consultation.