Alaska Personal Injury Blog - All Topics

Three Men Killed In Dimond Car Accident

Chrissie Cole — Tue, 13 Oct 2009 23:21:00 GMT

Three men killed in a car accident Friday night, were identified Saturday, according to Anchorage police.

The three men were riding in one of the two vehicles involved in the crash. They were identified as James Breslin, 41, of Oklahoma, Ronald Staggs, 45, of Montana and Jeffrey Gardinier, 49, of Colorado.

Witnesses told police that the Mustang, owned by Staggs, was headed west on Dimond at a high rate of speed when it appeared to lose control and jumped a median just west of Arctic Blvd.

The Mustang collided with a Chevy pickup carrying a family of four, said police. They were treated for non-life threatening injuries. The investigation is ongoing.

Originally posted at InjuryBoard by Chrissie Cole

Summer Means Visitors

James Cool — Sat, 18 Jul 2009 12:29:42 GMT

Summer in Alaska is beautiful. The frigid snow and ice give way to 23 hours of sunshine, relative warmth, and beautiful natural scenery. While native Alaskans spend all year earning their birthright—enjoyment of an Alaskan summer—others come to Alaska but once a year to enjoy its majestic beauty and to work a variety of seasonal jobs. If you’re a visitor to Alaska for vacation, work, or any other reason, this post is for you.

We hope that your time in Alaska is joyous, safe, and memorable. However, if you find that you’re hurt during your stay here (and remember, the roads are dangerous—even in the summer time), then you need to keep a few things in mind.

Statutes of Limitations:

For most personal injury claims in Alaska, the statute of limitations says that you have two years from the date you are hurt to pursue your claims. In other words, if you do not contact an attorney and file a lawsuit or resolve your claim with an insurance company within two years, you may forfeit your right to be compensated for any injuries you suffered here.

While different types of claims may have different time limitations (especially claims against the state or federal government) your best bet is to speak with an attorney who handles injury cases as soon as possible. If you were hurt by a government employee or agency or while on government property, be sure to see someone within six months of the date of your accident or you might lose your claim.

Auto Insurance:

Because Alaskan roads can be treacherous, Alaska has uniquely strict auto insurance laws. Unlike many states which impose a 15/30 or 25/50 mandatory auto insurance coverage requirement, Alaska has mandatory 50/100k auto insurance policy requirements (25k in property damage coverage is also required). While this makes auto insurance a little more expensive for Alaskans, it ensures that most people have adequate coverage to take care of anyone they happen to injure.

Alaska also has unique laws regarding the stacking of underinsured/uninsured motorist coverage. If you’re involved in an accident, you can recover damages from the insurance of the person responsible (the guy who hit you), underinsured benefits from policy covering the vehicle you were hit in if, and if both of those don’t compensate you fully, you can recover from any underinsured coverage on vehicles you have at home until you have exhausted all coverage. This is true even if the vehicles at home weren’t involved in the accident at all. Some insurance companies (State Farm for example) write policies for every single car. If that’s the case, there may be a phenomenal amount of insurance available to cover any injuries and damages you suffer.

As always, the best thing to do is to contact an Alaskan attorney who handles these kinds of cases in order to determine what coverage is available to compensate you.

Wrongful Death Cases

Sometimes accidents are truly catastrophic and result in deaths. If someone you love was killed in an accident in Alaska, you will need to jump through a minor hoop in order to recover for your and the deceased’s losses. Under Alaskan law, you will need to have an attorney create an estate for the deceased. Any good personal injury attorney who has handled out of state accidents before can help you do this and you needn’t worry about it apart from finding yourself an attorney who has handled cases like this before.

Final Thoughts

Alaska is God’s country. It is some of the most beautiful scenery in the world. It is also home to amazing rivers, lakes, and mountains all of with play home to amazing outdoor activities. But all of this beauty comes with a price—Alaskan roads and the activities that Alaska provides such a perfect setting for can be truly dangerous. Always utilize caution and care when driving or adventuring around Alaska. Nonetheless, accidents happen. When they do, the best advice anyone can give you is to find yourself a qualified attorney who can tell you what your rights are.

Originally posted at InjuryBoard by James Cool

I was hurt in a car wreck. What's my claim worth?

Ward Merdes — Mon, 29 Jun 2009 02:26:29 GMT

I'm a personal injury attorney. We're asked this question every day. The phone rings. We hear about a wreck, a tragedy that changed the caller's life. We're then asked the dreaded question: "What do you think this claim is worth?" The caller then waits expectantly while we try to explain that we have don't (yet) have a clue.

Here's what's going through our minds:

1. The value of your claim depends on who was at fault:. If the "other guy" did something stupid (negligent) that hurt you, the law requires the other guy to pay your claim. Read that last sentence again: ONLY if the other guy did something stupid - and it hurt you - is the other guy responsible for paying your claim. I sometimes get calls from folks who hurt themselves - driving stupidly - and they want to know what I can do for them. The short answer is "nothing - you hurt yourself." They don't seem to grasp that tort law (personal injury law) exists to right wrongs , not to hand out money just because somebody got hurt.

2. The value of your claim depends on how badly you were hurt: If you were hurt just a little, you have a little claim. If you were hurt really badly, you have a large claim. The duration of your hurt is also a factor. How old are you? Can you expect to have problems for another 60 years (until you die) or another 10 years (if you're in your 70's). Medical records and bills must be examined by the attorney before he can give you a ballpark opinion on what your claim is worth.

3. The value of your claim depends on whether there are resources to pay your claim: Even if the other guy was negligent and you are seriously hurt, there may be no insurance or resources to pay your claim. In other words, if the other guy has no insurance, we'll have to file a claim against your own Uninsured Motorist (UM) insurance. Beyond that, you are out of luck. This is the foundation for the "deep pockets" argument. What attorney worth a hoot would advise a client to sue somebody who has no money to pay the judgment? Go ahead and scream about "only deep pockets get sued" - and the simple fact will remain that plenty of "shallow pockets" simply get away with hurting innocent folks like you.

4. The value of your claim depends on the jury: After the McDonald's "Coffee In The Lap" case - juries across America got cheap. The insurance industry profited mightily while juries gave little or nothing to injured folks just like you. This truth is the flip-side to conservatives screaming for "lawsuit reform." That "reform" means folks can run over people like you - and not be held accountable.

Finally, I need to know about you. I need to know how the injury actually affected your life. For example, if my knee was hurt in a car crash, and it took one second off my ski-time, it wouldn't amount to much of a claim. I'm a terrible skier. I scare children on the slope and (usually) end up rolling down the Bunny Hill. At the same time, what would one second be worth to an Olympic hopeful?

Or, if a wreck put a big scar on my cheek … it really wouldn't matter much. Only my mother and my wife think I'm handsome - and I suspect they'd continue deluding themselves even if I had a big scar. Yet, what if you put that same scar on Cindy Crawford or Julia Roberts? See the issue? The value of any personal injury claim depends entirely on how it affects YOU.

Originally posted at InjuryBoard by Ward Merdes

2 Critically Injured in Wasilla Crash

James Cool — Thu, 25 Jun 2009 16:07:28 GMT

Wasilla, Alaska—The Fairbanks Daily News Miner reports that two motorists were critically injured near Mile 5 of Bogard road in Wasilla on June 1, 2009. The drivers have been identified as 41 year old Kathleen Coslow and 63 year old James Libby of Wasilla. Both drivers were immediately transported to hospitals from the scene. Both vehicles were totaled with property damaged estimated at $15,000.00. Alaska DPS reports that their investigation revealed that Ms. Coslow crossed the double yellow center line and collided with Mr. Libby’s vehicle, causing the accident.

I have searched the internet but cannot find any information on the status of the drivers. It is our sincere hope that both drivers have recovered from their injuries sustained in the crash and that no one suffers any long-term impairment as a result of the crash. However, there are a few things that the parties involved, specifically Mr. Libby and his loved ones, ought to know.

1.) The statute of limitations for personal injury cases or wrongful death cases is 2 years from the date of the accident. This means that any party has two years in which to contact an attorney and file your claim. If you wait more than two years, you may lose your claim forever. This means that even if someone else is responsible for your injuries and medical bills, they may not have to pay if you wait too long.

2.) The DPS website says that Ms. Coslow was at fault for the accident. But there may be more to the story. Any interested party should consider contacting Alaska DPS and obtaining a copy of the accident report. DPS was the first agency on scene and the observations they recorded will be critical if any lawsuits result from this accident.. (Visit http://www.dps.state.ak.us/PIO/ for information on obtaining reports.)

3.) Either party may wish to hire an accident reconstructionist. It is possible that Ms. Coslow crossed the yellow line as a result of a road hazard or improper road design. Contacting an accident reconstructionist is the first step in determining the why behind the what happened.

4.) Remember that insurance companies are not your friends. They are not “on your side,” you are not “in good hands,” and they are most certainly not your “family.” Insurance companies are in the business of making and keeping their money. DO NOT TALK to the other driver’s insurance company. There’s no reason to. If they are calling you then….

5.) Contact an attorney to help you ASAP. While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. This is offered only as information and a whole-hearted encouragement for you to exercise your rights. If you would like a referral, feel free to contact Ward Merdes or call the Alaska Bar Assn. for a free lawyer referral: 800-770-9999. You can also try the National Board of Trial Advocacy (NBTA) at www.nbtanet.org. Just be sure to call an attorney who has handled cases like this before.

Serious auto accidents are tragedies. They dramatically impact the lives of those involved. They are stressful and altogether horrible experiences. But the misery of this is compounded by a failure to act. If you have been harmed by someone else’s negligence (just irresponsibility) you have a right to be compensated. You may have a right to have your medical bills, mileage, lost wages, and even your pain and suffering compensated. But if you don’t contact an attorney, you lose the right to be compensated for what you’ve lost. So please, if you’re not sure if you’ve been hurt or if you’re entitled to repayment for your losses, then contact an attorney who handles these types of cases.

Originally posted at InjuryBoard by James Cool

Death During Drug Deal Could Lead to Civil Claims

Mike Schneider — Wed, 10 Jun 2009 01:12:00 GMT

Brenda Baehm, 42 died recently in Anchorage when she was run over by a vehicle operated by Cora Williams, 37. Williams claims she wasn't trying to hit Baehm, who had been allegedly trying to buy drugs from Williams' passenger, Sarah Savage-Williams, 37. Baehm's family has wrongful death claims that can be brought against Williams, and possibly Savage-Williams, and if Ms. Baehm had uninsured or underinsured motor vehicle insurance, claims can likely be made against that coverage as well. The family should contact an attorney knowledgeable in such matters as soon as possible.

Originally posted at InjuryBoard by Mike Schneider

Woman Ejected From Car Has Claims Against Driver

Mike Schneider — Tue, 09 Jun 2009 01:06:10 GMT

Kenneth Christenson, 51, was unhappy with his girlfriend and passenger. He forced her out of the moving vehicle at about mile 133 of the Parks Highway, drug her for some distance, and beat her, according to police. He has been charged with assault and driving while under the influence. The 25 year old woman has claims she can make against her drunk driver boyfriend. Even though his conduct may be found to be criminal, liability insurance on the vehicle he was driving, and/or her own uninsured or underinsured motorvehicle coverage should respond to her claims.

Originally posted at InjuryBoard by Mike Schneider

28 year old National Guardsman Dies in Tragic Motorcycle Accident

James Cool — Mon, 01 Jun 2009 23:08:24 GMT

Fairbanks, Alaska—The Fairbanks Daily News Miner reports that 28 year old Nathan Gray of Fairbanks died last week when he lost control of his motorcycle and traveled off of the Johansen Expressway. According to reports, Gray may have been traveling in excess of 100 miles per hour when he lost control of his bike at a slight curve in the roadway. It is possible that Gray was racing another vehicle at the time of the crash, but it is unknown whether Gray’s speed, the other driver, or roadway defects were the cause of the accident.

Our thoughts and sympathies go out to Nathan’s loved ones. Any death is a tragedy, but the passing of one so young can be especially trying for the friends and family of the deceased. We wish you the best in your time of grief. As you move through the healing process, there are a few things you should know/do:

(1) As soon as possible, seek out the incident report from the Alaska State Troopers ASAP. (Visit http://www.dps.state.ak.us/PIO/ for information on obtaining reports.) The police report will provide valuable information about the cause of the accident. If there were roadway abnormalities, those may be noted in the report. If the other driver made statements to the police, or if there were witnesses to the accident, that may also be noted in the report. Tracking down and reviewing the trooper’s report is the best way to get information about the accident quickly and is the first step in trying to determine who/what caused the accident.

(2) Consider hiring an investigator to examine the scene of the accident. The report suggests that this accident occurred on a very slight curve in the road, one which may be dangerous at high speeds. Certainly it is everyone’s responsibility to slow down and drive safely—but it is also the state’s responsibility use our tax dollars to maintain roadways and to place proper signage which warns motorists of curves and other hazards in the road which might prove dangerous at high speeds. If you don’t know anyone who does accident investigation/reconstruction, please see step three (hiring an attorney). However, you can always go out to the scene of the accident (Johansen between College and Danby) and take as many pictures as you can of the roadway and the curve from as many different angles as possible.

Once you have done this you should:

(3) Contact an attorney to help you ASAP. Depending on the circumstances you may or may not have a viable claim against the city/state and also against the driver Nathan may have been racing. While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. If you would like a referral, feel free to contact Ward Merdes or call the Alaska Bar Assn. for a free lawyer referral: 800-770-9999. You can also try the National Board of Trial Advocacy (NBTA) at www.nbtanet.org. Just be sure to call an attorney who has handled cases like this before.

(4) Remember that the Statute of Limitations for personal injury and death claims in Alaska is normally two years (AS 09.10.070). This means that you have two years to file your claim, settle it with the responsible party or your claim goes away and you may lose the ability to pursue it.

(5) Because Nathan has died, this is a possible wrongful death case. Any of Nathan’s dependents can file a wrongful death claim on his behalf and so can his estate if he lacks dependents. It is not clear who is and is not a dependent under Alaskan law, but it certainly includes children, spouses, parents and any other person who lived with Nathan and received support/assistance from him. A wrongful death claim will compensate Nathan’s dependents or his estate for his medical bills, property damage and funeral/burial expenses. The wrongful death claim will exist to compensate these losses, even if Nathan has no dependents. However, if Nathan does have dependents, they may also be able to bring what is known as a survivor action. A survivor action may allow Nathan’s dependents to recover damages for the pain and suffering he endured as a result of the crash prior to his death

Finally:

Always remember it’s critical that everyone drive safely and carefully as Alaskan roads can be very dangerous. Racing and driving extremely fast is dangerous for everyone involved. Even if you believe you can handle it or that your car is equipped for less cautious driving, remember that not everyone you may choose to race with is similarly skilled or equipped. Err on the side of caution and drive safe. For more information about staying safe on Alaska’s icy roads, please visit www.slowdownalaska.org.

Originally posted at InjuryBoard by James Cool

The Insurance Company Fixed My Car, But Who Pays for My Lost Re-Sale Value?

James Cool — Mon, 01 Jun 2009 23:06:40 GMT

So you’re involved in an auto-accident. Your vehicle is wrecked. You are injured. Perhaps you never contacted an attorney and just handled things through your and the other guy’s insurance company. The insurance company pays for your medical bills. They pay to repair your car. Maybe they even give you a little money for your pain and suffering. But you have to be wondering: “What about the damage to the value of my vehicle? It’s not worth what it used to be, it’s been in a big wreck. What will my Carfax say? How will I ever sell this thing?” If you’re asking yourself these questions, then you’re on the right track. Compensation for the reduced total value of your vehicle after collision repairs is known as a diminution of value claim. In English, that just means a claim which pays you for the reduced value of your car. Imagine two identical cars. They are the same color, make, model, interior and they have the exact same amount of mileage. They were both owned by little old ladies who only drove them to church on Sunday. The only difference between these two cars is that one was recently involved in an accident and had $5,000 worth of repairs and the other did not. Which one do you think is worth more? Obviously the car with no history of body repair. That is diminished value.

But who pays for that? The answer is the other guy’s insurance company. In many states, insurance companies draw a clever distinction between what are called first party and third party insurance claims when it comes to diminished value. A first party claim is when you make a claim against your insurance and you are at fault for the damage (think of when your 16 year old backs into a pole). A third party claim is when you file a claim with the other guy’s insurance company and they are at fault. Not all states will pay for diminished value on first party claims. But every state authorizes payment for diminished value on third party claims. In other words, if you’re in a wreck and it is someone else’s fault, their insurer needs to pay you for the reduced resale value of your vehicle.

But how do you figure out how much less your car is worth as a result of the crash? That is where collision consulting companies come in. One way is to seek out the advice of independent professionals (not the other guy’s adjustor). An example of this type of company can be found here. Another way to get a grasp on the value of your loss is to contact an attorney who handles auto accident cases regularly. These folks aren’t always experts, but they usually know people who are and have a pretty good sense of the value of a case based on their experience helping victims of auto negligence.

Most importantly, don’t let the insurance companies lie to you about diminished value claims. Take some advice from the good folks at Collision Centers (link above):

Don't believe the insurance company when they say:

"We don't pay for diminished value"
(Every insurance company pays diminished value claims)

"Diminished value isn't recognized in this state"
(Diminished value is recognized in third-party settings in every state)

"The repairs restored the vehicle to pre-loss condition, so there is no diminished value"
(It is the accident history that causes diminished value)

"There is no diminished value because the frame wasn't damaged"
(It doesn't matter if the frame/unibody was damaged -$5,000 worth of damage is $5,000 worth of damage)

Also, remember that it isn’t always the other driver who causes diminished value. Your car’s value can also be damaged by:

1.) Faulty repairs. If this happened to you, contact an attorney as soon as possible.

2.) Insurance related loss. This is where the insurance company refuses (wrongly) to authorize necessary repairs and as a result your car is damaged or unrepaired. If this happens to you, contact an attorney.

No matter what happened to you or what the insurance companies try to tell you, remember that no insurance company is your friend. You are not “in good hands” and they are not your “family” and they are most certainly not “on your side.” If you have any questions, or ever need advice related to an accident, contact an attorney who handles cases like this. For a list of good attorneys, visit: www.nbtanet.org.

Originally posted at InjuryBoard by James Cool

Wasilla Man Passes Away From Injuries Sustained in Roll-Over

James Cool — Tue, 05 May 2009 19:36:01 GMT

Palmer, Alaska—The Anchorage Daily News reports that 29 year old Joshua A. Brown has passed away from injuries sustained in a one-vehicle, roll-over accident on April 25, 2009. New information has come to light regarding the cause of the accident. The ADN reports that alcohol or prescription drugs may have been a factor in causing the roll-over.

Specifically, this post is directed to the friends and loved ones of Mr. Brown. Please know that our thoughts and prayers are with you in this time of mourning. But as you move through the grieving process, it is important for you to remember your rights:

1.) As we mentioned in an earlier post, you have the right to bring claims against the driver’s insurance policy. Please remember, that the Statute of Limitations for personal injury and death claims in Alaska is normally two years (AS 09.10.070). This means that you have two years to file your claim, settle it with the responsible party or your claim goes away and you may lose the ability to pursue it.

2.) Under Alaskan law, any of Joshua’s dependents can bring what is known as a survivor action. A survivor action may allow Joshua’s dependents to recover damages for the pain and suffering he endured as a result of the crash prior to his death. It would also allow for full recovery of medical, burial and related expenses. Finally, his dependents would be entitled to his lost future earnings, lost companionship and, potentially, their own pain and suffering at his loss.

3.) The term “dependent” is not clearly defined under Alaskan law. It would certainly include a spouse or child, but it may also include a loved one who Joshua frequently assisted or a family member or close friend who lived with Joshua. If it is unclear to you whether Joshua has dependents, we strongly encourage you to seek out a lawyer who handles these types of cases.

4.) As we stressed before, it is critical that Joshua’s dependents get the advice of an attorney. Insurance companies are not your friends, particularly not the driver’s insurance company. Even if the driver was Joshua’s close friend, you have still suffered a devastating loss and you may be legally entitled to compensation for your expenses and suffering. This is why people insure themselves—to make sure that if they make a mistake, and someone is harmed, then the people they hurt will be compensated.

While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. This is offered only as information and a whole-hearted encouragement for you to exercise your rights. If you would like a referral, feel free to contact Ward Merdes or call the Alaska Bar Assn. for a free lawyer referral: 800-770-9999. You can also try the National Board of Trial Advocacy (NBTA) at www.nbtanet.org. Just be sure to call an attorney who has handled cases like this before.

Originally posted at InjuryBoard by James Cool

Toddler Run Over by Nome Taxi

Mike Schneider — Mon, 04 May 2009 06:07:00 GMT

Tragedy struck a Nome family a week ago, when a Nome Checker Cab ran over 22 month old Christopher Johnson-Orzenna. Christopher and his Dad had been dropped off. As his father got luggage from the rear of the cab, Christopher wandered in front of the vehicle. The cab moved forward hitting the toddler just after the rear baggage door closed. Charges have not yet been filed, but there is certain civil liability where a commercial driver fails to "clear the area" before moving the vehicle, especially when he knows small children are near.

Originally posted at InjuryBoard by Mike Schneider