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Category: Motor Vehicle Accidents

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  1. Do not call an attorney when you are drunk or stoned.
  2. Have all the relevant information available when you speak to the attorney.
    1. If it’s a workers compensation case: date of injury, whether a controversion was filed, date of controversion, medical history for treatment of the injury.
    2. If it’s a personal injury claim, date of accident, if police were called, was anyone cited and medical history for treatment of the injury.
  3. Do not argue with the attorney who answers the phone.  The attorney will conclude that you will not be a cooperative client and the attorney will not accept your case.
  4. Provide ALL the information requested by an attorney.  If there is something missing from the file, an experienced attorney will notice it and may assume that you are intentionally withholding information.
  5. Tell the truth.  Attorneys can deal with most things, if they know about them beforehand.

The Law Office of Keenan Powell provides free consultations regardless of whether or not you have been controverted.   To contact Keenan Powell, use the contact form on www.keenanpowell.com or call 258-7663.

 

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SettersphotoWhen I accept a personal injury case, I collect all of the medical records, police reports and other documentation to prove my client's claim. Then I sit down with my client and evaluate the claim taking into consideration the disruption it has had in their lives and jury verdicts for similar injuries.

Then, and only then, with the express agreement of my client, I extend a settlement offer.  Settling without filing suit is always preferable, if possible, because it maximizes the amount of money that reaches the client and the funds reach the client 1-2 years sooner than if suit is filed.

Then, and only then, if the client agrees to a counter offer from the insurance company, we settle the claim.  If the client does not accept the counter offer, that is when the client, and only the client, will decide if he or she wants to file suit.

For more information about my practice, see:  http://www.keenanpowell.com/settlements_pi.html.

If you have any questions regarding your personal injury case, please call.    To contact me, use the contact form on this page or call 258-7663. ALL CONSULTATIONS ARE FREE.

 

 

 

 

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gavel-booksWhether your case is personal injury or workers compensation, all consultations are free at the Law Office of Keenan Powell.  The reason consultations are free is because injured Alaskans need to know what their rights are as soon as possible.  They need to know what to expect.  They need to know if they're being treated fairly.

Keenan Powell has practiced Personal Injury and Workers Compensation law in the State of Alaska for more than 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans.

All consultations are free.  If you want to set up a meeting, use the contact form on www.keenanpowell.com or call:  907 258 7663.

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SettersphotoYes you do!  Before you get into a car accident, you need to have car insurance.  Alaska law requires you to carry liability insurance of at least $50,000.  If you can't afford any of the other benefits, get medical payment coverage as well.  Medical payment benefits pay 100% of your accident-related treatment.  The limits offered usually start at $5,000 and go up from there. $5,000 isn't enough. That's a trip to emergency room and maybe a few follow up with your doctors.  Anymore, $5,000 won't even cover treatment for a typical whiplash injury.  Get at least $25,000.  With $25,000 of coverage you have enough money for conservative treatment, and if you don't get better, at least you can be evaluated properly for more serious injuries.  Xrays, MRIs cost money.  Lots of it.  Surgery costs even more.

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bigstock-Silhouette-1113353The Alaska legislature passed a body of laws named the Alaska Workers Compensation Act upon statehood, which has been modified from time to time.  The purpose of the Act is to provide the "quick, efficient, fair and predictable" delivery of benefits to the injured workers at a reasonable cost to the employers. AS 23.30.001.  Workers Compensation claims differ from a personal injury insomuch as in Workers Compensation, the injured worker does not have to prove that someone was negligent and caused his or her injuries.  In fact, an injured worker can draw benefits even if he caused the injuries to himself.

Workers Compensation and personal injury differ also in what kind of benefits you can obtain.  In personal injury cases, you are entitled to lost wages (calculated at your net), past and future medical costs, and past and future pain and suffering.  In Workers Compensation, you don't receive compensation for pain and suffering. Ever.  But you do receive compensation for you lost wages (calculated according to tables on the Alaska Workers' Compensation Board website), medical benefits for as long as you need them which are reasonable and necessary to treat your injury (which sometimes may be for the rest of your life), possibly a permanent partial impairment rating and possibly retraining benefits.

If you are injured at work as the result of someone else's negligence, you may be able to draw both Workers Compensation benefits and pursue a personal injury claim.  You cannot pursue a personal injury claim against your employer or any co-workers but you can pursue the claim against persons who caused your injury who are not your employers or co-workers.  This is frequently the case if you are involved in a motor vehicle accident while working.

The Law Office of Keenan Powell provides free consultations for Workers Compensation claims regardless of whether or not you have been controverted.  Consultations for personal injury cases are free as well.  To contact Keenan Powell, use the contact form on this page or call 258-7663.

For more information about Workers Compensation, see: http://www.keenanpowell.com/faq-wc.html.

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Can you pursue a personal injury claim when you get hurt at work?  The answer is: sometimes.

As a general rule, you do not have a personal injury claim against your employer or a co-worker.   Nor do you have a choice as to whether to pursue a personal injury claim instead of a workers compensation claim.  The Alaska Legislature passed a law taking that right away from you.  It's reasoning is that it's better for everyone, the employees and employers alike, to provide workers compensation rights instead of personal injury rights.  Its better for the employee because you can collect benefits even if the injury is your fault, even if you can't prove how the injury happened, even if no one was negligent.  In all those circumstances, you would lose a personal injury claim.  Workers Compensation is also better for the employee because the process is much faster and dependable.  It's better for the employer because he will have insurance to cover the employee's benefits and because he knows he won't be hit with a huge verdict that could bankrupt him and put him out of the business.

But that is just the general rule.  There are many exceptions.  One common exception is if you are in a car accident that is someone else's fault and that someone is not a co-employee.  In that case you can collect workers compensation AND pursue a personal injury claim.

You have the same rights if you were injured on someone else's premises (not owned by your employer), such as slipping and falling on ice.  Even if you slipped at fell at your workplace, if someone other than your employer owns the building, then you can collect workers compensation AND pursue a personal injury claim.

If you have any questions regarding your case, the Law Office of Keenan Powell provides free consultations regardless of whether or not you have been controverted.   To contact Keenan Powell, use the contact form on this page or call 258-7663.

For more information about Workers Compensation, see:  http://www.keenanpowell.com/faq‑wc.html.

 

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Chilkoot Charlies is being sued for serving an intoxicated person, who then drove drunk and killed someone:

http://www.ktuu.com/news/news/family-sues-chilkoot-charlies-after-womans-death-in-dui-crash/-/21043658/23813320/-/e40astz/-/index.html

Not surprisingly, Chilkoot Charlies, which makes a fortune from serving intoxicated people, refuses to accept responsibility for the natural consequences of doing so.  It will be up to a jury to decide whether the bar can reap the benefits of its profitable industry without sharing in the responsibility.

Keenan Powell has more than 30 years experience representing injured Alaskans in Anchorage and the Valley. For a free consultation, fill out the contact form or call 907 258 7663.

 

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One commenter on the KTUU story is wondering why details regarding the recent tragic loss of a cyclist have not been made public:  http://www.ktuu.com/news/news/city-streets-an-urban-hazard-for-anchorage-cyclists/-/21043658/23765170/-/ub3nfmz/-/index.html.

The reason is Anchorage Police Department does not release details of an investigation until after a decision has been made about prosecution.  If APD determines that the vehicle driver was in the wrong, then he or she could well be facing vehicular manslaughter charges, a homicide.  It will probably be several  weeks before the decision is made.  APD has probably interviewed all of the witnesses, inspected the car and bicycle and possibly taking blood tests of both the victim and the driver.  When the investigation is completed, APD will meet with the District Attorney's Office and the DA will decide whether to press charges.  If the DA prosecutes, it will alert the media.

Meanwhile, despite some mean-spirited comments on the KTUU site, cyclists are entitled under the law to use the streets as well as vehicles.  And vehicles under the law have a duty to keep a proper lookout.  And there is no duty under the law which requires users of the roads to proceed at the speed limit.

In fact,  the speed limit posted is the maximum speed limit for  good conditions.  Many, many people are receive tickets for driving less than the speed limit when road conditions are bad.  And, in turn, these people can be held liable for causing injuries or death to another if they exceeded a safe speed for the conditions.

Another issue in cyclist safety is the "right hand hook".  Many drivers fail to stop before turning right, fail to look both ways to ensure the traffic is clear.  Many drivers, if they do stop, roll past the white line designated for a stop and roll past the stop sign when they do stop.  That is the reason so many people ride in the street rather than sidewalks so that they can see the "rolling stops" from a distance.

For a complete list of the applicable laws, see http://www.muni.org/Departments/OCPD/Planning/AMATS/Documents.  Search for the Adopted Bicycle Plan Appendices.

If you are riding your bike and are injured in a collision with a vehicle, call a personal injury attorney.  Contact Keenan Powell: keenan@keenanpowell.com, (907) 258-7663.