We all procrastinate about something. Usually something we do not really want to do, or something we think will be unpleasant. With some things however, time is of the essence. In some cases, if not done in a timely manner, the opportunity could be lost forever. For personal injury claims, the Statute of Limitations is a timeline set for claims arising due to injuries.
Statute of Limitations
In the law, the term “Statute of Limitations” is essentially the same as “time is of the essence”. If you think you have a legal claim against someone, you must file a lawsuit within a specified time under Alaska law. One reason for the time limit is the longer you wait, the more likely that witnesses may no longer be available. For example, witnesses move away, or even die. If witnesses are still available, their memories of the events fade and are of less value in proving your case.
How long do you have to file a lawsuit in Alaska?
In Alaska, a personal injury or wrongful death lawsuit must be filed within two years from the date of loss. So, if the basis of an injury, such as the loss of a limb, occurs on July 22, 2016, the plaintiff must file the lawsuit on or before July 22, 2018. Again, procrastination may set in because the last thing you want to think about is the accident that caused such serious injuries. Potentially, you just get complacent while time flies. Either way, you can lose your right to recover damages for pain and suffering, or even to reimburse your medical bills.
Statute of Repose
There is one exception which expands the time to file suit, known as the “statute of repose.” This occurs when you weren’t aware of a certain consequence of the accident until later. For example, you don’t lose a limb until five years after the accident. Due to damage to nerves not apparent at the time of the accident, or within the two year statute of limitations, doctors must amputate the limb (in extreme cases). Under the statute of repose, you could not have known earlier that you would lose the limb, so you may still have the right to sue.
These are some of the legal nuances that you may not know unless you consult a personal injury attorney in Alaska. Just an initial consultation may be the difference in being able to recover compensation for your injuries and losing that right forever. For further information or to schedule a consultation please contact Merdes Law Office, P.C. at 907.452.5400 (toll free: 866.452.3741) or visit www.Merdes.com.
Merdes Law Office has helped injured Alaskans for more than 25 years, it’s who we are. And while we hope you never need us… We’re here if you do.
