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.

  • Page 1
  • I wasn’t wearing a seatbelt when I was in a car crash. Can I still recover damages?

    liability and seatbelt useWhether you simply forgot or had unbuckled for just a moment, drivers and passengers are in car accidents all the time without the protection of a seatbelt. While we know that seatbelts are important tools to keep us safe, it’s impossible to anticipate when a car accident will occur, and we may be caught at just the wrong moment. What does that mean for crash victims who have suffered injuries because of another driver’s recklessness on the road? Is it still possible to recover compensation if you weren’t wearing a seatbelt?

    The short answer is yes. At-fault drivers are responsible for the injuries they cause on the road. Crash victims can pursue a legal claim against the driver (and his insurance company) to obtain compensation for medical care, lost wages, property damages, pain and suffering, and more.

    Alaska’s Seatbelt Defense

    However, the state does permit at-fault drivers to use what is known as the seatbelt defense to mitigate the amount of damages awarded. If a driver or passenger is not wearing a seatbelt at the time of the accident, the compensation could be reduced to reflect their role in their own injuries.

    Alaska is what is known as a pure comparative negligence state. This means that the fault for an accident is assigned as a percentage to all those involved, and compensation is awarded equal to that percentage. With the seatbelt defense, at-fault drivers may attempt to claim that the victim’s failure to use a seatbelt constitutes a degree of fault. They would claim that had you been wearing a seatbelt, your injuries would have been less severe or even nonexistent.

    An Effective Attorney Can Protect Your Rights

    Seatbelt use is a primary law in Alaska, which means that law enforcement can stop drivers for no other reason except for driving unrestrained. Violation of this law during an accident can at times negatively impact a legal claim, but every situation is unique. The at-fault driver would bear the burden of offering proof that your injuries would have been different if you had been wearing a seatbelt, and the failure to use a seatbelt does not negate your rights entirely. An experienced attorney can help you understand the laws and your rights, as well as prepare a compelling case on your behalf.

    If you or someone you love has suffered injuries in a car accident, whether you were wearing your seatbelt or not, you have rights to care and compensation. Call The Law Office of Ben Crittenden today to speak with Ben and find out how he may be able to help.

  • What should I do if I suffer an amputation in a car crash?

    In the United States today, about two million people are living with the loss of limb, and experts estimate that approximately 185,000 amputations occur every year. Statistics state that 45 percent these amputations are caused by some type of trauma, including traffic accidents. Uncontrolled bleeding, infection, burns, reduced blood flow, and other injuries caused by a crash can lead to the loss of a limb.

    The consequences of an amputation have been well-documented; it typically results in a significant personal, professional, and emotional cost to the injury victims and their families. So, what should you do if you or someone you love has suffered an amputation after someone else’s carelessness caused a serious car crash? What can you expect and how can you obtain the help you need?

    Life After a Limb Amputation in Alaska

    Adjusting to life after an amputation can be difficult. The medical treatment and physical recovery alone can be very challenging. Depending on the nature of the amputation, the surgery is taxing and will require a hospital stay. Complications may require more aggressive care or ongoing therapy. Some of the more common complications include:

    • Joint deformity.
    • Infection.
    • Tissue death.
    • Blood clot.
    • Neuroma.

    Even after the initial physical challenges have been met, getting back to your old life and activities can be a daunting task. Victims need time to heal and to adapt to a new way of life. Often, prosthetic limbs can help with mobility and daily tasks. However, fitting these prosthetics and learning how to utilize them can be a time-consuming and frustrating process. Learning to walk or drive or even take care of personal hygiene can require many adaptations.

    Additionally, many of those who have experience an amputation report feeling pain or odd sensation at the site of the amputation. Phantom pain and phantom sensation occurs when amputees feel as though the lost limb is still there. They may experience pain in the missing limb or more specifically at the site of the amputation, which is known as residual limb pain. Understanding and addressing this pain and other discomforts associated with the amputation can require medication, therapy, or nerve stimulation.

    Injury Compensation Can Promote Recovery After Amputation

    Getting back to “normal” life after an amputation is accompanied by many challenges, and it can be even more difficult to address these challenges when your injury has forced you to miss work and even has made it impossible for you to return to your previous employment. Prosthetics and other adaptive equipment are expensive, as is ongoing medical treatment and rehabilitation.

    In Alaska, injury victims are able to pursue compensation from those who caused their injuries (or their insurance company). The at-fault driver will have changed your entire life, and victims deserve a fair recovery, which could include compensation for:

    • Medical bills,
    • Lost income,
    • Prosthetics.
    • Home accommodations.
    • Pain and suffering,

    The responsible driver and his insurance company may not make it easy for victims to obtain what they deserve, but an experienced attorney can fight for your rights and protect your compensation.

    At the Law Office of Ben Crittenden, attorney Ben Crittenden can help you understand your legal options and work to help you obtain an award that will help you move forward successfully. If you or someone you love has suffered an amputation after a car accident, call Ben’s Anchorage office today to schedule a free consultation.

  • What are some common defenses the at-fault driver might use in a car accident case?

    Two automobiles have collided on a snowy roadYou or someone you love suffered injuries in a car accident caused by another person’s careless behavior. Medical bills may have already started arriving, and the forced time away from work may be causing your family a significant financial strain.

    It seems like it should be straightforward enough—the at-fault driver or his insurance company can be held legally responsible. They provide compensation for your accident-related medical bills and wages lost due to injury. Unfortunately, opposing drivers will often attempt to shift the blame to someone or something else to avoid having to pay.

    Common Defenses in an Alaska Car Crash Injury Case

    The opposing side will use any number of tactics to reduce their level of fault, and thus their financial liability. The most common defenses include claims that:

    • The injured driver is at fault. Often, at-fault drivers will claim that the victim played a part in causing the accident. They may claim the victim was speeding or talking on the phone or engaging in some other risky behavior. If they can be convincing that the victim was even partially at fault, it can reduce the damages awarded under Alaska’s pure comparative negligence laws.
    • A third party is at fault. Another attempt to shift blame could be made against someone or something else. The at-fault driver may say that another driver’s actions caused the crash. Perhaps that person veered out of his lane, and the at-fault driver swerved to avoid him, causing your accident. In other cases, he may claim that poor road conditions or defective vehicle parts are truly to blame for the accident.
    • No real injuries were suffered. To bring an injury claim against an at-fault driver, accident victims must have experienced injury and that injury must have caused physical, emotional, or financial hardship. The other side may try to claim that you are exaggerating your injuries or that they stem from a condition not related to the crash.
    • The victim made the injury worse. This is known as failure to mitigate damages, and it means essentially that victims have a duty to do what they can to promote recovery. Failing to follow a doctor’s treatment plan or engaging in activities that make the condition worse could be considered failure to mitigate damages.

    Be Prepared for Your Car Accident Personal Injury Claim

    Even in seemingly simple cases, the other driver, his lawyers, and his insurance company will work to find any way to limit his culpability. Informed victims with knowledge of these tactics can be prepared to address them when the time comes.

    Attorney Ben Crittenden has represented many car accident victims across Alaska, and he is here to help you understand your situation. With his experience and knowledge of the law, you can effectively protect your rights if you or someone you love suffers injuries in a car crash. Take a moment to request a free copy of Ben’s book A Guide to Car Accident Claims in Alaska, or call our Anchorage office today to speak directly with Ben.

  • Do I have legal options if a pet causes a distracted driver to hit me?

    Woman driving a car with her pet dog in her lapMany people consider a pet another member of the family. The family dog can be an important part of their life, and they frequently include the animal in family activities. This can include running errands or taking trips with a pet in the car.

    According to a AAA Foundation for Safety study, approximately 84 percent of pet owners say they drive with their pets on a variety of trips. However, only 16 percent of those drivers use an animal restraint system in the car. This can be a problem when drivers become distracted by their pets. And they do become distracted—the same study revealed that more than half of those people admitted to playing with their pet, offering treats, or even letting the pet sit in their lap while driving.

    While the National Highway Traffic and Safety Administration (NHTSA) does not provide statistics specific to pet distraction, distracted driving in general is a significant issue on our roads. In 2015, there were 391,000 people injured and 3,477 killed in accidents involving distracted driving. The NHTSA website even notes a case in which a Utah driver became distracted by her dog, crossed the road’s center line, and crashed head-on into a county sheriff’s vehicle.

    When a Distracted Pet Owner Has Caused Your Injuries in Alaska

    Just like a driver who texts, puts on makeup, eats, or engages in any other behavior that takes his attention away from the road, a distracted pet owner can cause serious accidents and significant injuries. In Alaska, there are no laws that specifically state drivers may not travel with pets in the car or that require pet owners to restrain their pets while in a vehicle. However, accident victims do have the ability to demand the person responsible for their car accident make them whole. A personal injury claim could hold the at-fault driver accountable and could provide compensation for:

    • Medical bills.
    • Lost wages.
    • Future medical bills.
    • Future lost wages.
    • Property damage.
    • Pain and suffering.

    If you or someone you love has suffered injuries in a car accident and you suspect the other driver was distracted by a pet, you may be eligible to file a claim. Even if you aren’t sure of your rights, take care to protect yourself and your family. Seek medical treatment as soon as possible and avoid speaking with insurance adjustors until you’ve talked with an experienced attorney.

    At the Law Office of Ben Crittenden, personal injury lawyer Ben Crittenden represents accident victims all over Alaska, offering personal attention and effective guidance during this difficult time. Request a free copy of Ben’s book, A Guide to Car Accident Claims in Alaska, to learn more about your legal rights and options after a crash, or call our Anchorage office to speak directly with Ben.

  • I’ve injured my hand in a car accident. Can I recover compensation?

    Applying a bandage to an injured hand and wristMany different types of injuries can occur during a vehicle accident, and even seemingly minor injuries can have a significant effect on your physical and emotional health, as well as your ability to go about your normal life and perform your job.

    Why Hand and Wrist Injuries Are Different

    While any injury can be devastating, a serious injury to the hand or wrist can be especially painful and frustrating. We use these structures constantly, and the loss of use can make even simply daily tasks difficult.

    Additionally, there are 27 bones that make up the hand and wrist, in addition to many tendons and ligaments that provide us strength and flexibility. This makes them complex and, in places, delicate structures. Injury to any part can affect the function of the larger whole, and it is important to address the injury properly to avoid further complications or lasting damage.

    Common Types of Crash-Related Hand Injuries

    It is common for car accident victims to experience hand injuries. Often, drivers and passengers brace themselves for impact, putting their hands out or covering themselves. Flying debris can also strike or penetrate the hand, causing significant injury. Some of the most common hand and wrist injuries include:

    • Broken bones.
    • Joint dislocation.
    • Stretched or torn ligaments.
    • Lacerations.
    • Nerve damage.
    • Amputation.

    It is important to seek medical care right away after an accident if you experience any symptoms of pain, discomfort, or deformity. Depending on the severity of the injury, treating these problems can require extensive medical care, including surgery, injections, physical rehabilitation, medication, and more. Addressing injuries as soon as possible can improve outcomes and promote a faster recovery.

    Compensation After an Alaska Car Accident Hand Injury

     It is possible to obtain medical care and compensation if you suffer a hand or wrist injury in a car accident caused by another person’s carelessness. In Alaska, accident victims may be able to recover compensation for:

    Protect Your Health With Help From an Alaska Injury Lawyer

    Even if you aren’t sure if you are able to file a legal claim, if you’ve suffered injuries in car accident, seek the advice of an experienced Alaska personal injury attorney. An attorney can help you both secure the compensation you need to move forward, as well as protect that award from insurance companies, hospitals, and others who may seek to be reimbursed for more than their fair share. Call the Anchorage office of the Law Office of Ben Crittenden, P.C., or take a moment to fill out the contact form on this page to learn more about who we are and how we may be able to help.

  • What is a medical lien and how does it impact my car accident recovery?

    Your first priority after a car accident should be to get the medical care that you need. Medical costs can quickly add up, however, even if you have health insurance. For a variety of reasons, you may be unable to pay for the medical care that you need.

    But You May Be Able to Get Medical Care Anyway

    The hospital or doctor who is treating you may agree to provide you with medical care in return for putting a lien on your eventual car accident settlement or court recovery. In other words, you will receive the medical care that you need now and the hospital or the doctor will later be paid out of the money that you eventually recover for your injury claim.

    According to Alaska law, the hospital or doctor may have a lien against your recovery that includes:

    • The reasonable value of the services provided before the date of the settlement or court recovery.
    • The hospital or medical provider’s costs or reasonable attorney fees as allowed by the court.

    Typically, the hospital or doctor will notify you of a lien in writing before your case is decided. The lien must describe the exact services that were provided and the amount of money that the hospital or doctor expects to be paid.

    Know What to Expect Before Your Case Is Resolved

    Your attorney should know about all of the medical care that you have received as a result of your accident injuries and how that care was or will be paid for by you. If there is a medical lien against your future recovery, then you can be confident that the hospital or doctor will make the lien known so that it can be paid in a timely way.

    Liens can be complicated. You want to make sure that they are paid as required by law, but that you do not overpay. Your lawyer can make sure that your liens are paid and that your recovery is maximized. To learn more, please contact attorney Ben Crittenden for a free, no-obligation consultation about how you can get the medical care that you need and the recovery that you deserve after an Alaska car crash.
     

  • What should I do after a hit and run accident?

    It was the other driver’s decisions that put you in the situation you currently face. He or she was negligent and unlawful by leaving the scene of the crash. Unfortunately, it's now up to you to take the correct actions necessary for protecting your legal rights and financial recovery.

    Start at the Scene of the Crash—and Continue

    If you're physically able to take action, then it's important to do the following right after the accident:

    • Call the police immediately. Provide the dispatcher with the location of your accident and as detailed a description as possible of the vehicle that left the scene of the accident.
    • Stay at the scene of the crash. Write down the names and phone numbers of any eyewitnesses. Ask them if they saw the vehicle that left the scene; if they got the license plate number of it; and if they can provide a description of the vehicle and possibly the driver.
    • Take pictures. Make sure to capture photographic evidence of the general accident scene and of the specific damage to your vehicle.
    • Call your insurance company and report the accident. Don't speculate about the cause of the crash. Instead, simply report the date, time, and location of the crash.

    After you leave the scene of the accident, it's critical to get prompt medical attention and to speak with a lawyer about your rights.

    Uninsured Motorist Coverage May Help You

    Alaska law requires insurance companies to offer uninsured motorist (UM) coverage to car insurance purchasers. You may choose not to carry a UM policy, but you need to have clarification of this decision in writing. This choice is made when you purchase insurance coverage and not at the time you're involved in a hit and run car crash.

    If you have UM coverage on an existing policy in effect at the time of your crash, your insurance company may be responsible for paying your injury damages.

    Contact an Experienced Car Crash Lawyer Today

    It can be difficult to recover from a hit and run accident. Even if you have uninsured motorist coverage, your insurance company may now be an adversarial party trying to pay you as little as possible for your claim.

    It's important to work with an experienced car accident lawyer who can protect your rights and get you the fair and just recovery you deserve. Please contact Attorney Ben Crittenden today to learn more about your rights or to schedule a free initial consultation.

     

  • How much will future medical care cost after an auto accident?

    The cost of future medical care, including medications, is difficult to predict, yet it is very important to anticipate.

    When you resolve your car accident claim, either through an insurance settlement or a court verdict, the amount that you recover is going to be your total compensation for your accident injuries. That means that you will not be able to recover additional medical expenses in the future, even if these expenses were a direct result of your accident.

    You Need to Accurately Predict Your Future Medical Expenses Now

    Estimating your future needs can be challenging, because you don’t know how effective your treatment will be or the cost of treatment that has not yet happened.

    Typically, a team of professionals will be involved in determining the value of the medical care and medications that you will need in the future. This team will include:

    • Doctors. Your physicians may be able to predict with reasonable certainty the extent of your future medical treatment. This could include things such as hospitalizations, surgeries, doctors’ visits, rehabilitation therapies, and medications.
       
    • An economist. An economist may be able to provide information about the future cost of medical treatment and prescription drugs. While no one can give a definitive statement about what a medication or medical treatment may cost in the future, economists know how to study market trends and other factors that can help determine a reasonable value of future health care costs.

    Your attorney will then take the information provided by this team of experts and use it in settlement negotiations or in court to help you get the fair compensation that you need for your future medical expenses.

    You may need ongoing medical care for a short term or for the rest of your life. Either way, you deserve to make a full and fair recovery. Please contact attorney Ben Crittenden today via this website or by phone to schedule a free consultation about your rights and about your potential recovery.

  • The insurance company is offering me a quick settlement. Should I take it?

    The promise of a quick settlement offer may come as a relief. Your car accident has left you with injuries and expenses, and the insurance company is offering you money to help you pay your bills. However, settlement offers that come quickly after auto accidents are not always fair settlements.

    The Potential Danger of a Quick Settlement

    The insurance company may be counting on the fact that you need money quickly. Accordingly, it may offer you a fast settlement with the promise that you will have the money quickly and that you will not have the headache of a pending settlement claim or lawsuit.

    However, there are likely a few things that the insurance company is not telling you. Specifically, a quick settlement can be dangerous because:

    • You may not yet know the full extent of your damages. You should only settle your claim after you know the full extent of your injuries. This means that your doctor has made a diagnosis, treatment plan, and prognosis. With this information, you can find out what your accident injuries will really cost you by getting a realistic estimate of your future medical expenses, lost income, pain, suffering, and other damages.
       
    • Once you agree to the settlement it is binding. The settlement contract will prevent you from pursuing any other financial claim for accident injuries.

    For these reasons, it is important to get all of the information that you can prior to settling your claim. A fast settlement may appear to be the easiest way to resolve your claim, but in the long run it may not be the best settlement for you.

    Talk to a Lawyer Before You Agree to Any Settlement

    There is no magic time when it is suddenly right for all car accident victims to settle their claims. Instead, the time is right when you are offered fair compensation for all of your accident injuries. An experienced car accident lawyer can help you identify a fair settlement and make sure that the insurance company does not pressure you into a quick settlement that does not fairly compensate you for all of your injuries.

    There are ways to make the wait easier. For example, your healthcare providers may agree to defer payment until your claim is resolved.

    If you would like to speak with a lawyer who will help you get the fast and fair settlement that you deserve, please contact attorney Ben Crittenden via this website or by phone for a free, no-obligation consultation.

  • What should I expect when I call a car accident lawyer?

    You’ve suffered a significant trauma. The car crash that left you injured was shocking and knowing what to do after the crash can be overwhelming. You want to do what you can to protect your recovery, but you don’t want any more surprises.

    Here’s What Will Happen When You Call the Law Office of Ben Crittenden

    When you contact this office, you will not be just another number. You will not enter some impersonal queue of potential clients. Instead, you can expect to receive personal attention beginning with our first phone call.

    If you’ve been hurt, then you should expect personal attention from the attorney—and the law office—that you hire to help you through this difficult time. At our office:

    • Ben will get to know you. He wants to know not only what happened in the accident but also how the accident has affected your life.
    • Ben will want to know your goals. Together, you will discuss your goals in filing a lawsuit and what realistic compensation you can expect.
    • Ben will fight hard for your fair and just recovery. Ben wants to know your goals for filing a claim so that he can fight hard to get you the compensation that you deserve through a settlement with the insurance company or through a court verdict.

    Calling a lawyer does not have to be a scary or an intimidating task. Instead, it is your chance to contact an advocate who is going to be on your side as you navigate your road to recovery. You are contacting an ally who wants to hear from you.

    Woman calling for her attorney's help after car crashYou Have Nothing to Lose

    Attorney Ben Crittenden would be pleased to offer you a free consultation and to meet with you personally to discuss your rights. If you have a car accident case and you decide to hire Ben to represent you, then you will not have to pay an hourly fee. Instead, Ben works on a contingency fee basis and is only paid a percentage of your recovery.

    You deserve to have someone on your side who will fight for your legal and financial recovery while you concentrate on your physical recovery. To learn more, please call us or contact us via this website today.