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Alaska Negligence and Personal Injury Questionnaire

Category:
Civil Actions - Negligence
State:
Multi-State
Control #:
US-Q1030
Format:
Word; 
Rich Text
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a personal injury/negligence matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

To recover for the negligent infliction of emotional distress, a plaintiff must prove that: The defendant owed the plaintiff a duty; The defendant negligently breached that duty; and. The plaintiff suffered severe emotional distress as a result of the negligence.

The tort of intentional infliction of emotional distress has four elements: (1) the defendant must act intentionally or recklessly; (2) the defendant's conduct must be extreme and outrageous; and (3) the conduct must be the cause (4) of severe emotional distress. Hyatt, 943 S.W.

Negligent infliction of emotional distress (NEID) is a tort, defined as emotional distress caused by negligent action. States differ greatly as to when they allow a cause of action for NEID and exactly how damages are calculated, unlike intentional infliction of emotional distress (IIED).

Negligence in Personal Injury Claims and Lawsuits Where another individual or entity has been negligent or guilty of wrongdoing which causes the unnecessary injuries of another, the negligent party(ies) may be held legally responsible.

A claim for negligent infliction of emotional distress allows a plaintiff to recover for severe emotional distress even in the absence of physical injury. The Alaska Supreme Court has recognized two subtypes of this cause of action: bystander and preexisting duty. This instruction is for use in a preexisting duty case.

To establish a prima facie case of intentional infliction of emotional distress, the plaintiff must prove that the defendant through ?extreme or outrageous conduct? intentionally or recklessly caused severe emotional distress or bodily harm to another.

In Alaska, most personal injury lawsuits must be filed within two years of the date of the accident. This is known as the ?statute of limitations.? However, there are some exceptions to this rule.

Explanation: Unlike pure contributory negligence jurisdictions, Alaska follows the principle of comparative negligence. In Alaska, the court will determine the degree to which each party was responsible for the accident and distribute the liability and compensation ingly.

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