University of Alaska Fairbanks campus in autumn

Alaska Injury Law Basics

A plain-language guide to the Alaska rules that shape most injury cases. This is general information, not legal advice for your situation.

Reviewed by Daniel Pace, Partner, Sandberg Pace & Glazier LLC · Last reviewed October 26, 2026

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Filing deadlines

  • Most injury claims: two years from when the claim accrues (AS 09.10.070).
  • Wrongful death: generally two years after the death (AS 09.55.580).
  • Sexual abuse and sexual assault: no time limit for civil claims based on felony sexual abuse of a minor, felony sexual assault, and certain related felonies. Claims based on some misdemeanor offenses have three years (AS 09.10.065).
  • Maritime injury and death claims: generally three years (46 U.S.C. § 30106).
  • Claims against the federal government: a written administrative claim must be presented to the agency within two years (28 U.S.C. § 2401(b)).

Other rules can change when a deadline starts or add steps that must come first. Talk with a lawyer early.

Comparative fault

Alaska uses pure comparative fault. If an injured person shares some of the fault, the recovery is reduced by that percentage. Partial fault does not bar the claim (AS 09.17.060).

Fault is divided among everyone responsible, and each defendant generally pays only its own share (AS 09.17.080). That makes it important to identify every responsible party.

Constitution Hall at the University of Alaska Fairbanks
Constitution Hall at the University of Alaska Fairbanks, where delegates wrote the Alaska Constitution in 1955 and 1956.

Damages caps

Alaska limits non-economic damages, such as pain and suffering, in most injury and wrongful death cases (AS 09.17.010).

  • The general limit is $400,000 or $8,000 times the injured person's life expectancy in years, whichever is greater.
  • In personal injury cases involving severe permanent physical impairment or severe disfigurement, the limit is $1,000,000 or $25,000 times life expectancy, whichever is greater.

Medical malpractice cases have separate, lower limits. The general limit is $250,000. The limit is $400,000 for wrongful death or severe permanent impairment that is more than 70 percent disabling (AS 09.55.549).

These caps do not limit economic damages, such as medical expenses and lost earnings.

Wrongful death

The personal representative of the estate brings a wrongful death claim. The recovery benefits the surviving spouse, children, or other dependents (AS 09.55.580). See our wrongful death page.

Fee shifting under Civil Rule 82

In most states, each side pays its own lawyers. In Alaska, the winning party in a lawsuit can usually recover part of its attorney's fees from the losing party under Civil Rule 82, and costs under Civil Rule 79. The amount is often set by a schedule tied to the judgment. This rule affects settlement decisions on both sides. See how our fees work.

How does an injury case move in Alaska?

  1. Investigation. We gather records, photos, video, and witness statements. We identify every responsible party and every insurance policy.
  2. Claim and negotiation. Many claims are presented to the insurer before a lawsuit is filed.
  3. Lawsuit. Most serious injury cases are filed in the Alaska Superior Court. Claims against the United States go to federal court after the agency claim.
  4. Discovery. Each side exchanges documents and takes depositions.
  5. Mediation. Many cases settle at mediation before trial.
  6. Trial. If the case does not settle, a jury or judge decides it.

Some claims settle in months. Cases that go to trial can take a year or more.

Sources

Photos: University of Alaska Fairbanks campus by tenkais (CC BY 3.0); Constitution Hall by Durkeeco (CC BY-SA 3.0), via Wikimedia Commons.

This page gives general information, not legal advice for your situation.