Alaska Personal Injury FAQ

Straight answers to the questions Alaskans ask most. Free consultation · No fee unless we win · Call (907) 586-4490

Below are plain-English answers to the most common questions about personal injury and wrongful death claims in Alaska. This is general information, not legal advice — for advice about your situation, call us for a free consultation.

Deadlines

How long do I have to file a personal injury claim in Alaska? In most cases, two years from the date of the injury (AS 09.10.070). A wrongful death claim must be filed within two years of the date of death (AS 09.55.580). Claims against a city, borough, or the State can require written notice much sooner, so it is best to get advice early.

What happens if I miss the deadline? You almost always lose the right to recover — permanently. Courts strictly enforce the statute of limitations, and an insurer has no reason to pay a claim it knows is time-barred. If your deadline is close, contact a lawyer immediately.

Are there any exceptions to the two-year deadline? Yes, but they are narrow. Alaska's "discovery rule" can delay the start of the clock until you knew (or should have known) you were harmed, and the deadline can be paused ("tolled") while an injured person is a minor or legally incapacitated (AS 09.10.140). Don't assume an exception applies — have it reviewed. See our Alaska statute of limitations guide.

Fault and insurance

Is Alaska a no-fault state? No. Alaska is an at-fault ("tort") state. The driver or party who caused the harm is responsible, and there is no mandatory no-fault/PIP coverage that pays your medical bills regardless of fault. You pursue the at-fault party, usually through their liability insurance.

Can I still recover if I was partly at fault? Yes. Alaska uses pure comparative fault (AS 09.17.060). Your compensation is reduced by your percentage of fault, but it is never barred — even if you were more than half at fault. For example, if your damages are $100,000 and you are found 20% at fault, you can still recover $80,000.

What car insurance are Alaska drivers required to carry? At least $50,000 / $100,000 / $25,000 in liability coverage (AS 28.22.101) — $50,000 for injury or death of one person, $100,000 per accident for multiple people, and $25,000 for property damage. These minimums are often too low to cover a serious injury.

What if the driver who hit me had no insurance (or too little)? Your own uninsured/underinsured motorist (UM/UIM) coverage may pay. Alaska insurers are required to offer UM/UIM (AS 28.22.101(e)), so many drivers carry it. It covers you when the at-fault driver can't. We can review your policy.

Do I have to report a car accident in Alaska? Yes, if it caused injury, death, or property damage of $500 or more. Under AS 28.35.080, you must give immediate notice and file a written report within 10 days, unless a police officer already investigated the scene.

Money, damages, and fees

How much is my personal injury case worth? It depends on your injuries, your losses, and the available insurance — there is no fixed formula. Value turns on medical costs (past and future), lost income, the seriousness and permanence of the injury, and how fault is proven. We offer a free evaluation of your specific case.

What damages can I recover? Both economic and noneconomic damages. Economic damages cover measurable losses — medical bills, lost wages and earning capacity, and property damage. Noneconomic damages cover pain and suffering, disfigurement, and loss of enjoyment of life. In serious cases, punitive damages may be available for especially reckless conduct (AS 09.17.020).

Is there a cap on damages in Alaska? Only on noneconomic damages, not economic ones. Noneconomic damages are generally limited to the greater of $400,000 or the injured person's life expectancy in years times $8,000; for severe permanent impairment or disfigurement, the limit rises to the greater of $1,000,000 or life expectancy times $25,000 (AS 09.17.010). Economic losses like medical bills and lost wages are not capped.

How much does a personal injury lawyer cost? Nothing up front. We work on a contingency fee — we are paid a percentage of what we recover, and if we recover nothing, you owe no attorney fee. We also advance the costs of building your case.

Do I have to pay anything to start? No. The consultation is free, and you pay no attorney fee unless we win compensation for you.

What to do and how it works

What should I do after an accident? Get safe, get medical care, and document everything. Call 911 if anyone is hurt, photograph the scene and vehicles, get names and insurance information, see a doctor promptly even if you feel "okay," keep your records, and avoid giving a recorded statement to the other side before talking to a lawyer.

Should I talk to the insurance company? Be careful — you are not required to give the other driver's insurer a recorded statement. Early statements and quick settlement offers are often used to reduce or deny valid claims. It is wise to speak with a lawyer before you talk to an adjuster.

Do I really need a lawyer for my injury claim? For minor claims, maybe not — but for serious injuries, disputed fault, or a lowball offer, a lawyer usually makes a significant difference. Insurers evaluate claims differently when a trial-ready firm is involved. A free consultation costs you nothing and helps you decide.

How long does a personal injury case take? It varies — from a few months to a couple of years or more. Straightforward claims can settle relatively quickly; serious cases, disputed liability, or cases that must be tried take longer. We push cases efficiently while protecting the full value of your claim.

Will my case go to trial? Most cases settle, but the firm you choose should be willing and able to try the case. Insurers offer more when they know a firm will take a case to an Alaska jury. Choate Law Firm has tried hundreds of cases.

A family member was killed — what can we do? Alaska law allows a wrongful death claim, filed by the personal representative for the family, within two years of the death (AS 09.55.580). Families can recover for lost support, lost companionship, and medical and funeral expenses. See our wrongful death page.

Do you handle cases outside of Juneau? Yes. We are based in Juneau and represent injured people throughout Alaska, in all four judicial districts, including Anchorage and Fairbanks. We meet by phone, video, or in person.

Talk to a lawyer

If you were seriously injured, or lost a loved one, in Alaska, we are here to help. Consultations are free, and you owe no attorney fee unless we recover for you. Call (907) 586-4490 or contact us.

Related pages

Sources

Disclaimer

This page is general information, not legal advice, and does not create an attorney-client relationship. Outcomes depend on the specific facts of each case. Attorneys at Choate Law Firm LLC are licensed in Alaska, California, Hawaii, New York, and Washington (specific jurisdiction varies by attorney).

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