Alaska Personal Injury Lawyers

Helping Explain the Statute of Limitations

Alaska Personal Injury Lawyers
Helping Explain the Statute of Limitations

When someone is injured because of someone else's negligence, that person has the right to file an Alaska personal injury lawsuit. While every lawsuit of this type should be filed and advanced with the help of experienced Alaska personal injury lawyers, there is also the matter of a time limit to consider. Basically, Alaska has a statute of limitations in place for personal injury actions, much like every other jurisdiction.

Below you'll find an overview of the Alaska statute of limitations in regards to personal injury matters, examples of some limited exceptions to this law, a brief explanation of why it exists and how you should proceed if you need the help of Alaska personal injury lawyers.

The Alaska Personal Injury Statute of Limitations

Overall, Alaska is one of the most consistent jurisdictions in the United States when it comes to the time limits for filing Alaska personal injury lawsuits. Many different states have different time limits for different types of lawsuits, but Alaska provides for a maximum of two years to file an action after an injury has occurred. This two-year time limit is in place whether the lawsuit deals with negligence, medical malpractice, professional malpractice, libel/slander/defamation or products liability.

Exceptions to the Statute of Limitations

Generally, there are two exceptions to the statute of limitations, which means that Alaska personal injury lawsuits could be filed more than two years after an injury has occurred in those situations. The first exception is known as discovery. Basically, if a plaintiff in a lawsuit did not and could not have discovered the presence of an injury until more than two years has passed, it's likely that the lawsuit would be allowed to proceed.

The other exception concerns a notion known as tolling. Tolling basically means that the statute of limitations stops running because of the presence of some circumstances that would make it unfair to hold the plaintiff to this rule. For instance, if the plaintiff is mentally incapacitated at the time the injuries were suffered, the statute would toll. This would also occur if the person who was injured was a minor at the time.

Reason for a Statute of Limitations

The main reason for a statute of limitations in Alaska is basic fairness. The longer the period of time between an injury and the filing of a lawsuit, the less dependable the evidence will likely be, and it's also possible that witnesses will not recall the situation as clearly. Rather than take a chance by waiting to seek justice after you or someone you love has been injured, you need to seek the help of Alaska personal injury lawyers who understand these rules and technicalities. Contact Barber & Banker today to schedule a free initial consultation.