Filing a Personal Injury Claim in Anchorage, AK
With over 15 years of legal experience and thousands of claims successfully resolved, the Anchorage attorney at Banker Law Group, P.C. is well-versed in all aspects of personal injury law. Our firm is proud to represent the interests of injured Alaskans against large insurance providers. Attorney Anthony Banker’s extensive experience, including past work in insurance defense, means that he knows what works and what doesn’t. When navigating the personal injury process on behalf of our clients, our goal is to gather all relevant information and present it to insurance adjuster in a way that gets results. We strive to help you secure the best possible outcome as quickly and effectively as possible.
Were You Injured in an Accident? Our Anchorage Legal Team Can Help.
We can assist you with the entire insurance claim process, from initial filing to negotiations with the insurance adjuster to litigation. We often accept complex cases that other law firms cannot or will not take on, either because they lack the resources to do so or simply because they are not willing to take on tough and sometimes time-consuming cases. At Banker Law Group, we believe that every injured individual deserves to recover all reasonable compensation available to him/her by law. Our goal is to help you achieve this in your case.
What Factors Cause A Personal Injury Claim To Go To Litigation?
There are many factors that can cause a case to go to litigation. One of the most common is presenting a claim without enough time to resolve it before the statute of limitations. If you are approaching a statute of limitations, your lawyer has to file a complaint in order to preserve it.
Other factors that affect the likelihood of going to litigation include whether the insurance company has assigned an experienced adjuster or a new adjuster. It is harder to deal with new adjusters because they have less authority. When you are dealing with an inexperienced adjuster, you sometimes have to file suit so the claim can be assigned to someone with more experience.
Timeline Of A Personal Injury Case
It is important to remember that there is a difference between litigation and trial. Litigation is the following of a complaint, and the process of preparing through trial. Trial, on the other hand, is very specific and refers to the presentation of evidence to a judge, or jury and having them decide the merits of the case.
Filing a Complaint
The process of litigation starts with filing of a complaint. Therefore, when a case goes to litigation, a complaint is filed, and that is the listing of facts, which are asserted on behalf of the injured party. The other side then has an opportunity to respond to each of those facts in the complaint.
Process of Discovery
After the complaint is filed, both sides engage in what is called the Process of Discovery. This process starts with initial disclosures where both sides are required to share with each other all of the documents and information, which they intend to rely on if the case was to go to trial. That means giving the other side access to all medical records that we would use at trial as well as any photographs, and reports of the investigation. It also includes identifying witnesses who have information that will support the claim, witnesses to the accident, as well as witnesses to the person’s medical care and recovery. This would include a listing of individuals who might be called upon to provide testimony on the individual’s life, and how they have been affected by this accident.
After initial disclosures are made, the parties can engage in additional discovery through written questions if the case goes to superior court, or through depositions of the parties, as well as medical providers.
If cases are filed in Alaska in the district court, trial is typically six months out from the filing of the answer. In superior court, cases are set for trial twelve months out.
How Long Does It Take To Receive A Settlement?
Once everyone has agreed to the terms of the settlement the insurance company will typically draft a release, and your lawyer will review it to make sure that it accurately reflects the terms of the agreement. Once that is done, they overview the release agreement with you, and once that is signed and executed, it can take anywhere from a couple of days up to a couple of months for a check to be delivered depending on who is writing the check.
Local insurance companies can process checks more quickly than the federal government. Cases involving payment by the federal government are typically the ones that take the longest.
What Are Some Defense Tactics Used By Insurance Companies?
The main purpose of an insurance adjuster tactic, is for them to pay as little as possible. Insurance adjusters may try a variety of defense tactics to avoid paying personal injury claims.
- They may argue that someone went to the doctor too quickly, or waited too long.
- They may argue that the accident could not have caused the injury.
- They may comment that the person is taking too long to heal, or that the injuries were pre-existing.
Contact Our Anchorage Injury Attorney Today for a Free Consultation
At Banker Law Group, we understand the challenges you and your family are facing. Our Anchorage lawyer is here to answer your questions, address your concerns, and fight tirelessly for the justice and fair compensation you are owed. We offer our legal services on a contingency fee basis, meaning there are no upfront or out-of-pocket expenses for you. Instead, upon hiring our firm, you and your attorney will agree upon a percentage of your total recovery that will be used to pay our attorney’s fees. In the unlikely event that we do not succeed in recovering compensation on your behalf, you do not pay a dime.