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Alaska Personal Injury Laws

Alaska follows a pure comparative fault system, meaning you can recover damages even if you are up to 99% at fault — your award is simply reduced by your percentage of fault. The general statute of limitations for personal injury is 2 years. Alaska is a traditional tort (fault-based) auto insurance state with relatively high minimum liability coverage requirements.

Last verified: 2026-02-26

Statute of Limitations

2 yearsAS 09.10.070

Personal injury claims must be filed within 2 years of the date of injury. This applies to most tort claims including car accidents, slip and falls, and other negligence cases.

Exceptions

Discovery Rule2 years from discoveryAS 09.10.070

When an injury could not reasonably have been discovered at the time it occurred, the statute begins running from the date the injury was or should have been discovered.

MinorsTolled until age 18, then standard periodAS 09.10.140

The statute of limitations is tolled (paused) for minors until they reach the age of 18, at which point the standard limitation period begins.

Wrongful Death2 years from date of deathAS 09.55.580

Wrongful death actions must be commenced within 2 years after the date of death. The personal representative of the deceased may bring the action.

Fault & Liability Rules

Pure Comparative FaultAS 09.17.060

Alaska follows pure comparative fault. Your recovery is reduced by your percentage of fault, but you are never completely barred from recovery regardless of your fault percentage. Even a plaintiff who is 99% at fault can still recover 1% of damages.

Damage Caps

Compensatory Damages: No cap

Alaska does not impose a statutory cap on compensatory (economic) damages in general personal injury cases.

Punitive Damages: Greater of 3x compensatory damages or $500,000AS 09.17.020

Punitive damages are capped at the greater of three times the compensatory damages or $500,000. Higher caps apply when the defendant acted for financial gain with knowledge of adverse consequences (greater of 4x compensatory, $7 million, or 4x financial gain). 50% of punitive awards go to the state general fund.

Auto Insurance System

Tort (Fault-Based)AS 28.22.011; AS 28.22.101

Alaska is a fault-based (tort) auto insurance state. The at-fault driver is financially responsible for injuries and damages. All drivers must carry minimum liability insurance.

Tort Threshold

No threshold — Alaska is a pure tort state. Minimums: $50,000/$100,000 bodily injury, $25,000 property damage.

Key Alaska Statutes

Joint and Several LiabilityAS 09.17.080

Each defendant is liable only for the percentage of damages equal to that defendant's percentage of fault. Alaska has abolished joint and several liability for most cases, meaning each defendant pays only their share.

Wrongful DeathAS 09.55.580

When a death is caused by the wrongful act of another, the personal representative may bring an action within 2 years. Damages are for the benefit of the surviving spouse, children, or other dependents.

Statute of Repose — Products LiabilityAS 09.10.055

Product liability claims generally cannot be brought more than 10 years after the product was first purchased for use or consumption, with limited exceptions.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Alaska State Legislature — Statutes. For advice about your specific situation, consult a licensed attorney.

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