How Alaska Law Treats Future Surgery in a Fall Injury Claim Key Takeaways: Yes, you can generally include future surgery costs in an Alaska slip and fall settlement, as long as reliable medical evidence shows you need the procedure. Under AS 09.17.040(a), future surgery generally counts as "future economic loss," and Alaska’s noneconomic damage caps...
Can Future Surgery Costs Be Included in a Slip and Fall Settlement?
Coup vs Contrecoup Injuries: Why Where Your Brain Got Hurt Matters Key Takeaways: A coup injury forms in the brain right where the head takes the impact. A contrecoup injury forms on the opposite side when the brain bounces back into the far wall of the skull, and these injuries are sometimes more severe. One...
Understanding a C2 Vertebra Injury After a Serious Alaska Crash Key Takeaways: A hangman’s fracture is a traumatic spondylolisthesis of the C2 (axis) vertebra, usually caused by violent hyperextension combined with axial loading of the neck in head-on collisions, high-speed rear-end impacts, or rollovers. Because C2 sits directly beneath the skull and surrounds the upper...
When a Medical Injury Seems to Speak for Itself Key Takeaways: Res ipsa loquitur has a limited role in Alaska medical malpractice claims, applying only in narrow circumstances where negligence appears to be the most reasonable explanation for an injury. The doctrine traditionally requires that the harm ordinarily does not occur without negligence, that the...
Why Preserving Store Video Can Decide Your Alaska Fall Case Key Takeaways: A spoliation letter is a formal written demand, typically sent by an injury attorney soon after a fall, directing a property owner and its insurer to preserve evidence such as surveillance video, incident reports, inspection and sweep logs, employee statements, and the substance...
When a Trailer’s Rear Guard Fails: Building a Defect Case After an Alaska Underride Crash Key Takeaways: Proving that a defective rear impact guard caused an Anchorage underride injury generally starts with preserving the trailer, the guard, and the striking vehicle before repairs or salvage destroy the evidence. Investigators then compare the failed guard against...
The Hidden Witness Inside Your Vehicle After an Alaska Crash Key Takeaways: An event data recorder (EDR), or vehicle black box, is an electronic module in many modern cars that captures a few seconds of technical crash data such as speed, braking, throttle, seat belt use, airbag deployment, and change in velocity. Federal rules under...
Why Insurers Bring Up Your Seat Belt After an Alaska Crash Key Takeaways: The seat belt defense in an Alaska car accident claim is an insurer’s attempt to reduce compensation by pointing to a plaintiff’s failure to buckle up. Under a 1986 Alaska Supreme Court ruling, that evidence generally goes to the amount of damages...