Alleviate Your Concerns With These Answers to Common Injury Questions
While some degree of uncertainty is inevitable, the stress of the unknown associated with a personal injury case can be frustrating. Here, experienced injury attorney Ben Crittenden draws from his years of experience and knowledge of the law to address many of the most common concerns and questions. Find out what to expect from the legal system, how long your case will take, what type of compensation you may be able to obtain, and much more. Don’t see your question? Reach out to Ben today! Take a moment to fill out our online contact form to find the answers you need.
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How do I report a dog bite injury in Anchorage?
Even the sweetest dog is capable of biting under certain circumstances, as reflected in the millions of people who are bitten by dogs every year. Dog bite injuries can be bad enough to have significant medical and legal ramifications, so it’s crucial to take the proper steps if it happens to you.
Reporting a Dog Bite
You are required by law to report the dog bite to Anchorage Animal Care and Control by going online or calling 343-8119 to make a report. The animal responsible for the bite will need to be quarantined to be observed for signs of rabies. Filing a report can also help prevent future dog bites. Animal Control's investigation into the incident may provide useful details for your case.
What to Do After a Dog Bite
Notify the dog owner about the bite, but do not engage in conversation about your injuries or what happened prior to the injury. Exchange information, much as you would do after a traffic accident. Get their name and contact information. If there are any witnesses to the bite, get their contact information as well. If there is a lawsuit or insurance claim, this information will be crucial. Try to remember as many details of the incident as possible and write them down before you forget. This should include the type of dog, where the incident happened, what you were doing when it happened, and where the dog came from.
If possible, take photographs of your injuries. As soon as you are able, stop the bleeding with a clean cloth and wash the wound thoroughly with soap and warm water. Use an antibacterial cream if you have it, then apply a sterile dressing. Keep the wound bandaged and see your doctor. Ask the physician about a tetanus booster and/or rabies vaccination.
Contacting an Attorney
Depending on the severity of the dog bite, you may need to contact an attorney regarding your injury. Insurance companies will do their best to pay out the least amount possible, and an experienced attorney can help with negotiations to ensure you get the compensation you deserve. To learn more, contact the Law Office of Ben Crittenden, P.C., by using the form on this page.
How does a drunk driving criminal case differ from a civil lawsuit?
If you are injured in an accident with a drunk driver, the drunk driver will likely face criminal charges for driving while under the influence. This could result in fines, license suspension, and jail time. But these do nothing to compensate you for your injury. After the accident, you might have expensive medical bills and be unable to work. If you want to hold the drunk driver responsible, you will have to file a civil case to sue for damages.
The Difference Between Civil and Criminal Cases
Under criminal law, the district attorney—on behalf of the government—is usually the one who prosecutes the accused. Prosecution does not usually include any financial compensation for the victim unless the court decides to award punitive damages. The court may award punitive damages in cases where the behavior of the at-fault party was deemed to be especially reckless
The victim must sue in civil court to recover damages as a result of the drunk driver’s actions. If the drunk driver is found to be responsible for the victim’s injuries, they will need to pay damages to help victims recover financially. Hiring an attorney can help ensure the appropriate steps are taken so you get the money you deserve.
Potential Damages You Could Recover in a Civil Case
The amount of compensation to which you may be entitled is usually calculated by adding together your economic and non-economic damages. Economic damages include your medical expenses, lost wages and lost earning potential, as well as property damage to your vehicle. Non-economic damages could include physical and emotional trauma you have suffered after being injured by a drunk driver.
Call an Alaska Vehicle Accident Attorney
If you were injured by a drunk driver, you need to speak with an experienced car accident lawyer as soon as possible to get started on your civil case. Attorney Ben Crittenden has helped many car accident victims understand their rights and get the compensation they deserve. Make an appointment for a free consultation.
What damages can I recover after an accident with a drunk driver?
Recovering damages after an accident with a drunk driver is not very different from recovering damages after any type of crash. The main difference, however, is that after a collision caused by a drunk driver, you might also be eligible to recover punitive damages.
It is vital to seek compensation after a crash. The best way to do this is to hire a lawyer to negotiate a fair settlement or pursue compensation through a lawsuit.
Damages After a Drunk Driving Crash
As with any car crash where another driver is at fault, you might be able to pursue a lawsuit for economic damages, including:
- Medical expenses
- Lost income
- Property damage
You might also be eligible for non-economic damages, including pain and suffering and emotional distress.
In a drunk driving case, victims might also get punitive damages. These are not based on any tangible loss but are designed to punish the at-fault party who exhibited reckless behavior by making the decision to drive drunk. The amount of punitive damages awarded is often left up to a jury or a judge. According to Alaska law, there is a cap on the amount that can be awarded: three times the amount of compensatory damages or $500,000, whichever is greater. Alaska's split-recovery law requires that half of the punitive damages award goes to the state of Alaska for the general fund, which pays for government operations, basic services, and capital improvements.
It's important to note that punitive damages will be taxed by the federal government. This money must be claimed on your income tax form as “other income.”
Contact an Attorney
If you’ve been injured after being in a crash caused by a drunk driver, you need to have an attorney on your side to help you recover damages. Even if it is obvious that the drunk driver caused the accident, you will still need to gather evidence to help with your case, and a vehicle accident attorney can help. To learn more, contact the Law Office of Ben Crittenden, P.C., by using the form on this page.
What are workers’ comp reemployment benefits?
Injured workers in the Alaska workers’ compensation system who are unable to return to the job they were doing before their injury might be eligible to participate in a retraining program that provides them with the skills necessary to return to work at a wage level equal to at least 60% of their wages at the time of injury. Eligibility is determined based in part on the following criteria:
- A medical provider predicts that you will be unable to return to the job you had at the time of the injury or to any job you performed ten years prior to your injury. This is usually because of a permanent disability.
- Your employer does not have an alternative position for you.
Benefits You Might Qualify for Under the Alaska Worker Retraining Program
Reemployment benefits include costs for an evaluation of your abilities as well as tuition, study materials, a computer, and other items that might be necessary for training.
Employees can waive their right to retraining and opt to receive a lump-sum dislocation benefit instead. The amount of the dislocation benefit is determined by the Permanent Partial Impairment (PPI) rating.
Why You Should Call a Lawyer About Your Workers’ Compensation Reemployment Benefits
There are strict timelines when it comes to filing the paperwork for workers’ compensation Reemployment Benefits, and having an experienced attorney on your side can ensure you don’t miss deadlines and can move forward most effectively.
At the Law Office of Ben Crittenden, we have helped many injured workers through the complex workers’ compensation process. Don’t risk being short-changed on benefits or missing out on Reemployment Benefits that can help you move on to the next stage of your life. Ben is a knowledgeable, effective advocate for injured workers, and he can help you figure out the best way to proceed. Call his Anchorage office today or fill out the contact form on this page to get in touch directly with Ben.
What is my car accident claim worth?
There is no one-size-fits-all answer to this question because every situation is different. However, an experienced car accident attorney will know how to put a value on your damages and can help you negotiate compensation with the insurance company.
Factors That Matter With Your Car Accident Claim
If you have been injured in a car accident, you may take legal action to get the compensation you deserve for the damages you have suffered. This usually includes both economic and noneconomic damages. The factors that will influence the amount of your claim include the following:
- The severity of your injuries and the treatment required. If you are permanently disabled, this will impact the damages to which you are entitled.
- The wages you lost. This will include the work you’ve missed because of your injuries as well as potential wages you may not earn if you cannot return to work in the future.
- The at-fault driver’s insurance limits. It can be difficult to collect more than the policy limits unless the driver has significant personal assets.
- Whether you are partially at fault for the accident. Alaska uses the comparative negligence rule, which means that whatever your percentage of responsibility was for the accident, your damages will be reduced to reflect that.
In some cases, punitive damages may also be awarded. This can happen in cases where the at-fault driver behaved recklessly or outrageously. If punitive damages are deemed to be appropriate in your case, there will be a separate court proceeding where they will weigh several factors. These include whether or not the defendant was aware their actions could cause serious harm and their attitude or behavior following the accident.
You Need an Alaska Car Accident Attorney
If you’ve been injured in a motor vehicle accident, you need legal representation to help you get the maximum damages. Even if you are partially responsible for the accident, you may still be entitled to compensation. For more information on protecting your rights and navigating the complexities of your claim, contact the Law Office of Ben Crittenden, P.C., by using the form on this page.
Can I develop post-traumatic stress disorder after a car accident?
The trauma of a serious car accident can lead to symptoms of post-traumatic stress disorder (PTSD) that require treatment. If you are diagnosed with this condition, the person who caused your accident should be held liable for your treatment.
What Is PTSD?
PTSD is a psychological condition that affects people after they have been through a harrowing situation. It was initially referred to as "shell shock" in reference to the psychological struggle soldiers had upon returning home from World War I. Since then, it has become an official psychiatric diagnosis and is considered a form of mental illness.
Any traumatic, frightening, or stressful experience can cause PTSD—and that includes car accidents, which can be disturbingly violent and gruesome. In fact, traffic accidents have become the leading cause of post-traumatic stress disorder since the Vietnam War. PTSD manifests differently in different people, making it a challenge to identify and treat.
Symptoms of PTSD
Car accident victims who suffer from this disorder might experience one or more of the following symptoms:
- Avoidance. Victims don’t want to think about or talk about the traumatic event. They might not be able to drive or even ride in a car without having a panic attack.
- Flashbacks. Car accident victims who develop PTSD often experience flashbacks to the crash, making it difficult to move on.
- Behavior changes. People with PTSD might experience more intense emotions than they had prior to the event. This can also cause the person to have trouble sleeping.
- Mood swings. Sufferers might suddenly feel depressed or even suicidal, even if they are not having flashbacks to the specific event. They might stop enjoying activities and avoid friends and family.
Treatment for PTSD
There are several treatment options for people diagnosed with PTSD after a car accident. These include different kinds of therapies, including cognitive processing therapy, prolonged exposure therapy, and eye-movement desensitization and reprocessing, as well as medication for depression and anxiety.
Why You Need a Lawyer If You Have PTSD After a Car Accident
Although your injuries might not be physical, you may still deserve compensation after a car accident. Calling an attorney after an accident can seem daunting, but an experienced lawyer can ensure that your rights are protected, and you are able to obtain appropriate compensation to get the PTSD treatment you need to live your best life.
How will a spoliation letter help my truck accident case?
A spoliation letter is a notice that is sent to an opposing party in the aftermath of an accident that orders them to preserve all evidence that is relevant to the accident. The word “spoliation” refers to anything that jeopardizes evidence, including destruction, loss, alteration, or concealment.
Details Included in a Spoliation Letter
After an accident that involves a semi-truck or other commercial vehicle, a spoliation letter should be sent to the driver’s employer as soon as possible to put the company on notice that specific types of evidence must be preserved. After a trucking company receives a spoliation letter, the courts can be very harsh if the company is found to have destroyed or tampered with evidence.
Following are some of the pieces of evidence the spoliation letter should include:
- Service logs kept by the driver to determine whether he was taking the number of rest periods required by law to help prevent fatigue
- Data from on-board recording devices, which can identify the speed of the vehicle at the time of the crash and other driver actions
- Records of inspections on the tractor and trailer
- The truck driver’s personnel file, which will show his or her qualifications and whether he or she was fit to drive
- Alcohol and drug testing results from the driver
- The truck and trailer that were involved in the crash
- Information involving the commercial vehicle and the freight it was carrying
- Photographs and videos taken at the scene of the crash
Contact an Experienced Vehicle Accident Attorney
Don’t go it alone if you’ve been involved in a vehicle accident involving a semi-truck or commercial vehicle. In Alaska, attorney Ben Crittenden has helped many accident victims and their families tell their stories, and he can help you tell yours. Call his Anchorage office to set up a free, no-obligation consultation, or request his free newsletter, which will provide a variety of information to help you make the best decisions about your accident and injury claim.
What dangers do box and delivery trucks pose in Anchorage?
They have become a common sight in most neighborhoods: delivery trucks bringing residents packages, groceries, and other items. With the increase in online shopping, there are now more delivery trucks on Anchorage roads than ever before. This means an increase in delivery truck crashes.
Many Delivery Drivers Are Inexperienced
Also known as box trucks, delivery vehicles can be challenging to drive—particularly for the inexperienced driver. Many businesses experience high turnover rates, so they often hire drivers with no prior experience. These high-profile vehicles are unstable and usually have a manual transmission, making them difficult to maneuver. Often drivers are in unfamiliar neighborhoods with pedestrians and cyclists as well as children playing, so distractions are everywhere.
Causes of Box and Delivery Truck Crashes in Anchorage
Some of the common causes of box and delivery truck accidents include:
- Distraction. Delivery drivers who are looking at their GPS to find addresses, checking their personal messages, talking to a co-driver, or dozing off at the wheel put people at risk on busy local streets.
- Speeding. Time is of the essence for most delivery drivers, so they may drive over the speed limit to finish their routes on time.
- Sudden stops. Drivers who are looking for an address in an unfamiliar area might stop and start suddenly, causing a crash with the car behind them.
- Illegal parking. Delivery trucks often block driveways or other vehicles, forcing moving cars to go around them and potentially into oncoming traffic.
- Poor loading. If trucks are not loaded properly, this can throw off the balance of the truck, making it more difficult to drive.
If you are involved in an accident with a box truck driver, you might be able to hold the driver and the driver’s company liable. Calling an attorney after an accident can seem daunting, but an experienced lawyer can ensure that your rights are protected, and you are able to obtain all the compensation you deserve when the crash was not your fault. Call Anchorage attorney Ben Crittenden to set up a free, no-obligation consultation.
You can also request his free newsletter, which will give you additional information so you can make the best decision for your vehicle accident situation.
What are punitive damages in a personal injury case?
Punitive damages are awarded to accident and injury victims in only a small percentage of legal cases. Typically, these cases are very serious, and the person responsible for the accident or injuries behaved in an especially negligent manner to warrant punitive damages.
Understanding Punitive Damages in Alaska
In a personal injury claim, victims typically receive compensation for medical care related to their accident, as well as for lost wages and benefits. These are known as compensatory damages, and they are fairly tangible. It is a pretty straightforward task to add up medical costs and evaluate the wages that have been and will be lost due to the injury. In certain cases, though, punitive damages are also awarded. Punitive damages are not tied to a specific loss. Rather they are intended to punish the responsible party and to deter similar reckless or malicious behavior. Punitive damages are only awarded in cases when the behavior of the at-fault person is deemed “outrageous” under state law. This means the behavior was done with malice or a clear reckless indifference to the safety of others. For example, a driver with multiple prior DUI convictions who again drives drunk and causes a serious crash could constitute this type of behavior.
How Much Could Be Awarded in Punitive Damages?
The amount of punitive damages is left up to a jury or judge’s discretion, though many states cap the amount of punitive damages that can be awarded. Alaska law states that these damages may not exceed the greater of either three times the amount of the compensatory damages that were awarded or $500,000. State law also sets a number of considerations to determine the appropriate amount, including:
- The likelihood that harm would come to another person at the time of the act
- The degree to which the defendant understood that likelihood
- The duration of the action and any attempts to conceal it
- Any financial gain the defendant hoped to reap from the action
- The attitude and conduct of the defendant when discovered
- The financial state of the defendant
- Damages awarded to others in similar situations
- The severity of the criminal consequences the defendant may be facing related to the action
Tax Consequences of Punitive Damages
It’s important to note that any compensation awarded as punitive damages would be subject to taxation by the federal government. It must be reported on an annual tax return as “other income.” This could have a significant impact on the taxes owed by the injury victim, so it’s important to discuss these consequences with an attorney and tax advisor.
If you or someone you love has suffered serious injuries in an accident caused by a person whose behavior was especially careless or malicious, it may be possible to pursue a claim that includes punitive damages. An experienced attorney can help you understand your rights and obtain all the compensation you deserve. Anchorage-based attorney Ben Crittenden has helped many Alaska victims find the best way to move forward after a serious accident. Call Ben today or take a moment to fill out the contact form on this page to speak directly with Ben and find out how he may be able to help.
What kinds of prescription medication can cause driver impairment?
Impaired driving is most often associated with behavior that is against the law—drinking and driving or using illegal drugs. However, prescription and over-the-counter medications can also affect a driver’s ability to operate a vehicle safely. Even when approved by a doctor and taken appropriately, some medications affect drivers in a way that can cause dangerous car accidents.
Prescription Drugs That Can Affect Driving Safety
It’s important to note that medications can affect people very differently. Some drugs and dosages can impair one driver, while another driver may feel little or no effect at all. This is why all drivers should take extra care when considering driving after taking a medication. Some medications that can impair a driver’s ability include:
- Allergy medication. Antihistamines and other allergy medicines block histamine release to help reduce the inflammation that causes allergy symptoms. This also works in the brain, however, and can lead to drowsiness.
- Antidepressants. While it is generally considered acceptable to drive while taking an antidepressant (such as Zoloft or Paxil), researchers have reported that these medications and the conditions that warrant their use can affect driving. The type of antidepressant, dosing level, age of the driver, and presence of depressive symptoms can increase the risk of impairment. Additionally, some of these medications also cause drowsiness.
- Pain medication. Opioids are the most common medication used for pain management today. Drugs like oxycodone, hydrocodone, codeine, and morphine are effective in easing pain, but they also can be accompanied by a number of side effects that can impair driving. Sleepiness, nausea, difficulty breathing, and confusion are all dangerous behind the wheel.
- Sleep aids. Many people use a sleep aid to help fall and stay asleep. While they can be effective in getting people to sleep, these aids can affect people the next day. The Cleveland Clinic specifically warns that being too drowsy to drive the next morning safely is a possible side effect. Used over time, these medications can also lead to memory problems and mental disorders, both of which increase the risk of car crashes.
In addition to medicines prescribed by a doctor, the Federal Drug Administrations (FDA) warns that even over-the-counter medications and herbal remedies can cause reactions that jeopardize safe driving. Also, interactions between prescription drugs can impair driving ability. Drivers who do take medication should discuss the possible effects on driving with the doctor and pharmacist. All drivers have a duty to behave responsibly behind the wheel, and understanding how a drug may affect you is an important element of safe driving.
If you or someone you love has suffered injuries in a crash caused by an impaired driver, you have a right to be compensated. Attorney Ben Crittenden has helped many Alaska victims obtain the compensation they deserved after an accident. Call his Anchorage office today or take a moment to fill out the contact form on this page to learn more about who he is and what he does.