Ben Whipple, Attorney

1150 S. Colony Way
Palmer, AK 99645
United States
Phone: (907) 745-1776
Fax: (907) 745-1775

What do I have to prove in my personal injury claim?

There are two basic questions in every claim: who was at fault (liability) and what is the value of the claim (damages).

In Alaska, the law of negligence applies to auto accidents and these questions of liability and damages. This is a combination of common law (case law) and statutes. Basically, you need to prove that the other driver breached his or her duty to drive safely and that you were injured as a result. These elements of negligence must be proved by a “preponderance of evidence,” meaning at least 51%. The money to compensate your injuries is described in the law as “damages.” Damages must also be supported by a preponderance of evidence. This covers categories of loss such as past and future medical expenses, pain and suffering, lost wages, and mileage.

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