While each client's case will have its own issues, the following issues frequently arise.

Need for Prompt Investigation of Facts

The strength of any given case is determined by its own unique facts. As a result, it is important to identify the witnesses to an accident as well as to determine whether it is necessary to preserve any pieces of physical evidence. A lawyer can help you do this.

Workers Compensation

The most important thing an individual can do to help his case is to obtain proper medical care. If an accident occurs during the course of employment, a worker can obtain this care through the workers compensation system which, in addition to payment of medical expenses, also provides disability and other benefits. Under Alaska law, an employer or its workers compensation insurer is entitled to repayment of benefits paid subject to a reduction for lawsuit costs and fees and employer negligence.

Under Alaska's Worker's Compensation Act, an employer is immune from suit for its own negligence associated with an accident. However, this general principle may be modified by indemnification agreements, the creation of multiple subsidiaries, and possibly other factors.

Health Insurance

With the most important thing an individual can do to help his case being the obtaining of obtain proper medical care, it is important to maximize the benefits of private health insurance. Most health insurance policies include "subrogation" provisions requiring repayment if the injury was caused by the negligence of a third party. Under certain circumstances, this repayment obligation can be reduced.

Medical Payments Coverage

In addition to workers' compensation and health insurance, many motor vehicle insurance policies and insurers for premises provide "Medical Payments Coverage" which provides for payment of medical bills up to a certain amount independent of fault. This may be an important source of payment for health care.

Insurance Coverage Issues

It is not uncommon for issues to arise following an accident regarding the scope of applicable insurance coverage. Your lawyer should work closely with you in identifying the applicable insurance and resolving any legal issues that may exist.

Alaska Law re Responsibility for Prevailing Party's Legal Fees

Under Alaska law, the "winning" party in a lawsuit is entitled to be paid a portion of its costs and legal fees. Determining who the "winning party" is may be complicated because the law provides additional remedies if a settlement offer is rejected that turns out to be better than the results at trial.