Alaska Personal Injury Legal Terms: A Plain-English Glossary

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Quick answer

Personal injury law has a lot of specialized vocabulary, and understanding it helps you make better decisions about your claim. This glossary defines the terms Alaskans most often encounter after an injury — in plain English, with the Alaska statute noted where the rule is specific to our state. A few Alaska essentials to know up front: you generally have two years to file an injury or wrongful death claim (AS 09.10.070; AS 09.55.580); Alaska follows pure comparative fault, so being partly at fault reduces but does not eliminate your recovery (AS 09.17.060); and Alaska places caps on noneconomic and punitive damages (AS 09.17.010; AS 09.17.020), while economic losses like medical bills and lost wages are not capped. The definitions below explain these and the other concepts — negligence, duty of care, damages, wrongful death, maritime terms, and more — that come up in Alaska injury cases. This page is general information, not legal advice about your situation.

Deadlines and procedure

  • Statute of limitations — A law setting the maximum time after an event to file a lawsuit; missing it generally bars the claim forever. In Alaska, most personal injury and wrongful death claims must be filed within two years (AS 09.10.070; AS 09.55.580).
  • Statute of repose — An absolute outer deadline that can bar a claim a set number of years after a defined event, even before the harm is discovered. Alaska's is generally 10 years, with important exceptions (AS 09.10.055).
  • Tolling — The legal pausing of the limitations clock for a recognized reason, such as the injured person being a minor or legally incapacitated (AS 09.10.140).
  • Discovery rule — A rule that can delay the start of the limitations clock until the injured person knew, or reasonably should have known, of the injury and its likely cause.
  • Personal representative — The person (executor or administrator) appointed to manage a deceased person's estate; in Alaska, the personal representative brings the wrongful death claim (AS 09.55.580).
  • Demand letter — A pre-lawsuit letter to the at-fault party or insurer that states the claim and requests compensation, often beginning settlement negotiations.

Fault and liability

  • Negligence — Failing to use the care a reasonably careful person would use, causing harm. It has four parts: duty, breach, causation, and damages.
  • Duty of care — A legal obligation to act with reasonable care toward others to avoid foreseeable harm.
  • Breach — Failing to meet the required standard of care or to perform a legal obligation.
  • Causation — The link between the wrongful conduct and the injury; usually requires both factual ("but for") cause and proximate (foreseeable) cause.
  • Liability — Legal responsibility for one's actions or omissions, including the duty to pay resulting damages.
  • Comparative fault (pure) — A rule reducing your recovery by your own percentage of fault but never barring it. Alaska uses the pure form, so even a plaintiff who is mostly at fault can recover their remaining share (AS 09.17.060).
  • Several liability — In Alaska, each at-fault party generally pays only its own percentage of the damages, rather than being responsible for the entire amount (AS 09.17.080).
  • Premises liability — A property owner's or occupier's responsibility for injuries caused by unsafe conditions on their property (for example, a slip and fall).
  • Product liability — The responsibility of manufacturers and sellers for injuries caused by defective or unreasonably dangerous products.
  • Insurance bad faith — An insurer's unreasonable failure to honor its obligations, such as wrongfully denying or unreasonably delaying payment of a valid claim.
  • Subrogation — The right of an insurer that has paid a loss to recover that amount from the party who caused the harm.

Damages (compensation)

  • Damages — The money a court or settlement awards to compensate for harm.
  • Economic damages — Measurable financial losses such as medical bills, lost wages, and property repair. These are not capped in Alaska.
  • Noneconomic damages — Non-financial harms such as pain, suffering, disfigurement, and loss of enjoyment of life. Alaska caps these under AS 09.17.010.
  • Punitive damages — Damages meant to punish especially wrongful conduct and deter it, not to compensate. Alaska sets a high proof standard and caps these, and the State receives half of any punitive award (AS 09.17.020).
  • Wrongful death — A claim for a death caused by another's wrongful act, brought by the personal representative for the benefit of statutory survivors (AS 09.55.580).
  • Survival action — A claim for the injuries the deceased person suffered before death, which continues ("survives") on behalf of the estate — distinct from a wrongful death claim, which compensates the survivors' own losses.
  • Maximum medical improvement (MMI) — The point at which a person's condition has stabilized and is not expected to improve further with more treatment; it does not require full recovery.

Maritime terms (Jones Act — federal law)

  • Jones Act seaman — A maritime worker with a substantial connection to a vessel in navigation, who can sue an employer for negligence under the federal Jones Act (46 U.S.C. § 30104).
  • Maintenance and cure — A vessel owner's no-fault duty to pay an injured or ill seaman's daily living expenses (maintenance) and medical care (cure) until maximum medical improvement.
  • Unseaworthiness — A vessel owner's absolute duty to provide a reasonably safe (seaworthy) vessel; the owner can be liable for injuries caused by an unseaworthy condition even without negligence.

Frequently asked questions

How long do I have to file an injury claim in Alaska? Usually two years from the injury (AS 09.10.070); wrongful death is two years from the date of death (AS 09.55.580). See our Alaska statute of limitations guide.

If I was partly at fault, can I still recover? Yes. Alaska's pure comparative fault rule (AS 09.17.060) reduces your recovery by your percentage of fault but does not bar it.

Are there limits on how much I can recover? Economic losses (medical bills, lost wages) are not capped. Noneconomic and punitive damages are capped under AS 09.17.010 and AS 09.17.020.

What is the difference between wrongful death and a survival action? Wrongful death compensates surviving family members for their losses; a survival action recovers for the injuries the deceased suffered before death, on behalf of the estate.

How Choate Law Firm can help

Choate Law Firm has guided injured Alaskans through these concepts since 1980. If any term here applies to your situation, we offer a free consultation and work on a contingency fee — no fee unless we recover for you. Call (907) 586-4490 or contact us. Learn more about our personal injury, wrongful death, and maritime and Jones Act practice.

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Disclaimer

This glossary is general information, not legal advice, and does not create an attorney-client relationship. Definitions are simplified and how a term applies depends on the facts of your case. Attorneys at Choate Law Firm LLC are licensed in Alaska, California, Hawaii, New York, and Washington (specific jurisdiction varies by attorney).

Attorneys in our firm are licensed in Alaska, California, Hawaii, New York, and Washington (specific jurisdiction varies by attorney). Content on this website is for informational purposes only and does not constitute legal advice. Every legal claim is unique and there is always risk involved in litigation. The statements on this site are not a guarantee that we will agree to represent you, pursue a specific litigation strategy, or achieve a particular result. Communications to Choate Law Firm LLC for the purpose of obtaining legal representation are protected by applicable attorney-client privilege, however there is no attorney-client relationship until a written agreement is signed by both you and Choate Law Firm LLC. All photographs ©2016 by Jon Choate. 

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