Whiplash settlements
in Alaska.
Alaska juries have been cautious with soft tissue claims. A passenger rear ended in a low speed crash in 2009 received exactly her $5,160 chiropractic bill and $775 for pain. A woman rear ended in 2011, later told she had a herniated disc and needed a fusion, received $6,000 in total, and the Supreme Court affirmed because nobody challenged the verdict at trial.
Facts that decide a whiplash claim in Alaska
| Defense doctors and insurance | You can show a defense medical expert’s substantial ties to the insurance industry to prove bias.Ray v. Draeger (Alaska 2015) |
|---|---|
| Fault rule | Your share of fault “diminishes proportionately the amount awarded” but “does not bar recovery.” Alaska is a pure comparative state.Alaska Stat. § 09.17.060 |
| Seat belt use | Not wearing a belt can reduce damages if a careful person would have buckled up and the injuries were worse for it.Hutchins v. Schwartz (Alaska 1986); see our seat belt table |
The US band is the starting point. Alaska's fault rule and any applicable cap then adjust the figure.