Alaska Personal Injury Statute of Limitations: Filing Deadlines Explained

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Quick answer

In Alaska, you generally have two years from the date of an injury to file a personal injury lawsuit, under Alaska Statute AS 09.10.070. A wrongful death claim also must be filed within two years, measured from the date of death, under AS 09.55.580. The two-year clock usually starts when you are injured — but under Alaska's "discovery rule," it can start later, when you knew or reasonably should have known that you were harmed and what caused it. Some situations change the deadline: the clock is paused while an injured person is a minor or legally incapacitated (AS 09.10.140), and a separate 10-year "statute of repose" (AS 09.10.055) sets an absolute outer limit for many claims. Claims against the State of Alaska or a city follow the same two-year deadline — Alaska does not impose a short pre-suit notice deadline for injury claims. If you miss the deadline, the court will almost always dismiss your case permanently, no matter how strong it is. Because evidence also disappears over time, it is wise to talk to a lawyer well before the deadline approaches.

What is the statute of limitations for a personal injury claim in Alaska?

The deadline is two years from the date of injury for most personal injury claims in Alaska, set by AS 09.10.070(a). This single statute covers injuries to a person, injuries to personal property, and most negligence claims — car and truck crashes, maritime injuries, premises (slip-and-fall) injuries, and defective products. "Statute of limitations" simply means the legal time limit to file a lawsuit; once it expires, the right to sue is generally lost. According to the Alaska Statutes, the action must be "commenced" (filed with the court) within those two years — settling or negotiating with an insurer does not stop the clock.

How long do I have to file a wrongful death claim in Alaska?

A wrongful death claim must be filed within two years of the date of death under AS 09.55.580, and it is brought by the personal representative of the person who died. Alaska's wrongful death statute lets the representative recover for the losses suffered by a surviving spouse, children, or other dependents — including lost financial support, loss of services, loss of consortium, and funeral and medical expenses. If there are no statutory survivors, recovery is limited to the estate's pecuniary loss. Note the clock runs from the date of death, which may be later than the date of the original injury.

When does the clock start? Alaska's discovery rule

The two-year period normally starts on the date of the injury, but Alaska's "discovery rule" can delay the start until you knew, or a reasonable person should have known, that you were injured and that someone else may be responsible. The Alaska Supreme Court has held that a claim "accrues" when the injured person has enough information that a reasonable person would begin investigating to protect their rights (Mine Safety Appliances Co. v. Stiles; Cameron v. State). This matters most when an injury or its cause is not obvious right away — for example, some medical or toxic-exposure injuries. Because applying the discovery rule is fact-specific, do not assume you have extra time without legal advice.

Alaska personal injury deadlines at a glance

  • Personal injury (negligence; car and truck crashes; premises/slip-and-fall; defective products) — 2 years from injury — AS 09.10.070
  • Wrongful death — 2 years from date of death — AS 09.55.580
  • Injury to personal property — 2 years — AS 09.10.070(a)(3)
  • Medical malpractice (a personal injury claim) — 2 years; discovery rule applies; expert advisory panel under AS 09.55.536
  • Claim against the State of Alaska — 2 years; no special short notice — AS 09.50.250
  • Claim against a city or municipality — 2 years; no valid short pre-suit notice deadline — AS 09.65.070
  • Breach of contract — 3 years — AS 09.10.053
  • Absolute outer limit (statute of repose) — 10 years, with exceptions — AS 09.10.055

What if the injured person is a minor or incapacitated?

Alaska pauses ("tolls") the limitations clock while an injured person is under 18 or legally incompetent due to mental illness or disability, under AS 09.10.140. Once the disability ends, the person generally must sue within the normal period, but no later than two years after the disability ceases. There is also a special rule for very young children: for a child under age 8 when injured, the time before the 8th birthday does not count. (Different, longer rules apply to claims of childhood sexual abuse.) These rules are protective but technical — confirm how they apply to a specific situation with a lawyer.

Is there an absolute deadline no matter what? The 10-year statute of repose

Alaska's statute of repose, AS 09.10.055, sets a 10-year outer limit on many injury, death, and property-damage claims, measured from the last act that caused the harm (or substantial completion of construction). Unlike the regular limitations period, the repose period can apply even to claims that haven't been discovered yet — but the statute lists important exceptions where the 10-year bar does not apply, including defective products, gross negligence or intentional acts, fraud or intentional concealment, and breach of an express warranty. There is also a tolling rule when an undiscovered foreign object is left in a person's body. Because the repose statute and its exceptions are complex, an early case review is the only reliable way to know your true deadline.

Special deadlines: government claims and medical malpractice

Claims against the State of Alaska or a local government follow the ordinary two-year deadline — Alaska does not require a short pre-suit "notice of claim" for injury lawsuits. The State has waived immunity for many tort claims under AS 09.50.250 (with exceptions, such as discretionary-function decisions). For cities, AS 09.65.070 bars requiring a claimant to post a bond, and the Alaska Supreme Court has struck down short charter notice deadlines (Johnson v. City of Fairbanks; DeHusson v. City of Anchorage). For medical malpractice, there is no separate limitations statute — it is a personal injury claim under the two-year AS 09.10.070 with the discovery rule — but AS 09.55.536 requires a three-member expert advisory panel to review the claim before litigation proceeds.

How does Alaska's comparative fault rule affect my claim?

Alaska is a "pure comparative fault" state under AS 09.17.060: being partly at fault reduces your recovery by your percentage of fault, but it never bars you from recovering. For example, if your damages are $100,000 and you are found 30% at fault, you can still recover $70,000. Each defendant is responsible only for its own share of fault (several liability, AS 09.17.080). Insurers often raise comparative fault to reduce payouts, so how fault is investigated and presented can significantly affect the outcome.

What happens if I miss the deadline?

If you file after the statute of limitations expires, the court will almost always dismiss the case permanently, and you lose the right to compensation — regardless of how clear the other side's fault is. A missed deadline is one of the most common and most avoidable ways a valid claim is lost. Limited exceptions (such as the discovery rule or tolling for minors) sometimes apply, but they are narrow and fact-dependent. The safest course is to have your claim evaluated as early as possible, while witnesses, records, and physical evidence are still available.

How Choate Law Firm can help

Choate Law Firm has represented injured Alaskans and the families of those wrongfully killed since 1980, from our main office in Juneau. Founder Mark Choate (J.D., Seattle University School of Law, 1980; graduate of the Gerry Spence Trial Lawyers College) and partner Jon Choate (J.D., Harvard Law School, 2010; former Manhattan Assistant District Attorney) try cases to juries across Alaska. We review every potential claim against the applicable deadlines so nothing is lost to a missed filing date. Calls are answered and consultations are free; we work on a contingency fee, meaning no fee unless we recover for you. Call (907) 586-4490.

Frequently asked questions

How long do I have to sue after a car accident in Alaska? Two years from the date of the crash in most cases (AS 09.10.070). Waiting reduces the evidence available, so it is best to act early.

Does talking to the insurance company stop the deadline? No. Only filing a lawsuit in court (or another step the law recognizes) stops the clock. Negotiations and settlement talks do not extend the two years.

Is the wrongful death deadline measured from the injury or the death? From the date of death under AS 09.55.580 — which can be later than the date of the original injury.

Can the deadline ever be longer than two years? Sometimes — for example, under the discovery rule, or while an injured person is a minor or incapacitated (AS 09.10.140). These exceptions are narrow; confirm with a lawyer.

Is there a different deadline for suing the State or a city? The same two-year deadline applies, and Alaska does not impose a short pre-suit notice requirement for injury claims. Some exceptions to government liability exist, so early advice is important.

What is the statute of repose? An absolute outer limit (10 years in Alaska, AS 09.10.055) that can bar some claims even before they are discovered — with exceptions for defective products, gross negligence, fraud, and more.

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Disclaimer

This page is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines and their exceptions depend on the specific facts of your situation; consult a licensed attorney about 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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