What are the damages available in a catastrophic injury lawsuit?

In Alaska, a catastrophic injury is a physical harm of a severe and permanent nature that affects an individual’s ability to walk, talk, care for themselves, hold a job, or perform activities of daily living. Those harmed by a catastrophic injury are entitled to damages in a lawsuit. Damages are divided into economic losses and non-economic losses, also called “general” or “noneconomic” damages. Economic damages are out-of-pocket expenses for medical bills, lost wages, and property losses. Non-economic damages are not as easily quantifiable, and include damages for pain and suffering, emotional distress, disfigurement, disability, loss of consortium, and loss of enjoyment of life. These damages are intended to compensate an injured party for the impact an injury has on their quality of life. The amount of damages that a plaintiff receives for a catastrophic injury lawsuit is based on the specifics of the injury and the state’s laws. In Alaska, the court may award compensatory damages in an amount that it determines is just and equitable. Compensatory damages may not exceed two times the plaintiff’s economic damages, and any amount awarded must be reasonably related to the injury. In addition to compensatory damages, a plaintiff may also receive punitive damages if the defendant has acted in a particularly reckless manner. Punitive damages are meant to punish the defendant and deter future similar conduct. In Alaska, there is a limit to the amount of punitive damages that may be awarded, and the amount of punitive damages is limited to the greater of $500,000 or three times the plaintiff’s compensatory damages.

What are the damages available in a catastrophic injury lawsuit?

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