Alaska Wrongful Death Lawyers

Serving all of Alaska · Free consultation · Contingency fee — no fee unless we win

Quick answer

If you lost a family member because of someone else's negligence in Alaska, you generally have two years from the date of death to file a wrongful death claim (AS 09.55.580). The claim is brought by the personal representative of the person who died, for the benefit of the surviving spouse, children, or other dependents — and if there are none, for the estate. Alaska law lets families recover for lost financial support, lost services, loss of companionship (consortium), and medical and funeral expenses (AS 09.55.580(c)). Alaska also follows pure comparative fault (AS 09.17.060), so a claim is not barred even if the person who died was partly at fault. A separate "survival" claim (AS 09.55.570) can recover what your loved one could have claimed had they lived, such as their own pain and medical bills before death. Choate Law Firm has represented grieving Alaska families since 1980, from our Juneau office, statewide. Consultations are free and we work on a contingency fee — no fee unless we recover for you. Call (907) 586-4490.

What is a wrongful death claim in Alaska?

A wrongful death claim is a lawsuit brought when a person dies because of another party's wrongful act, negligence, or fault — the kind of claim the person could have brought themselves had they survived (AS 09.55.580). Common causes include motor vehicle crashes (Alaska recorded 70 traffic deaths in 2024, per IIHS/NHTSA), workplace and maritime accidents, medical negligence, defective products, and unsafe premises. The claim is civil, separate from any criminal case, and its purpose is to compensate the family for their losses.

Who can file a wrongful death claim in Alaska?

The claim must be filed by the personal representative (executor or administrator) of the person who died — not directly by individual family members. The recovery, however, is for the family:

If the person is survived by a spouse, children, or other dependents, the money recovered is exclusively for those beneficiaries (AS 09.55.580(a)).
If there is no surviving spouse, children, or dependents, the recovery goes to the estate and is limited to pecuniary (financial) loss (AS 09.55.580(a)).

If you have not yet been appointed as personal representative, we can help you understand that process so the claim can move forward.

How long do I have to file? (Alaska's 2-year deadline)

A wrongful death action must be started within two years after the date of death (AS 09.55.580(a)). This deadline is strict, and missing it almost always ends the claim permanently. Narrow exceptions can apply, and claims involving government entities or federal law may have shorter notice requirements — another reason to talk to a lawyer early. See our Alaska statute of limitations guide.

What damages can a family recover?

Alaska law lets families recover both financial and human losses (AS 09.55.580(c)). When there are surviving beneficiaries, a wrongful death recovery may include:

Loss of the financial support and contributions the person would have provided
Loss of assistance and services (the everyday things they did for the family)
Loss of consortium — companionship, guidance, and comfort
Loss of prospective training and education for children
Medical and funeral expenses

Alaska limits noneconomic damages (such as grief and loss of companionship) in an injury or death case — generally to the greater of $400,000 or the person's life expectancy in years multiplied by $8,000 (AS 09.17.010). That cap can change by statute, and it does not limit economic losses like lost support, medical bills, and funeral costs. We can explain how the current law applies to your family's situation.

Wrongful death vs. survival action — what's the difference?

A wrongful death claim compensates the family for their losses; a "survival" claim recovers what your loved one could have claimed if they had lived. Under Alaska's survival statute (AS 09.55.570), most claims a person had at death — for example, their own conscious pain and suffering, medical bills, and lost earnings between injury and death — survive to the estate. The two claims are often pursued together: one for the family, one for the estate.

How comparative fault applies

Alaska uses pure comparative fault (AS 09.17.060), and it applies to death claims. If the person who died was partly at fault, the recovery is reduced by their percentage of fault but is not barred — even if they were more than half at fault. Insurers often try to shift blame onto the person who died; careful investigation matters.

What does a wrongful death lawyer cost?

Nothing up front. We work on a contingency fee — paid a percentage of what we recover, with no attorney fee if we recover nothing. We advance the costs of investigating and proving the case so your family can seek full accountability without paying by the hour during an already difficult time.

Why Choate Law Firm

Since 1980, Choate Law Firm has represented Alaska families who lost loved ones to negligence, from our office in Juneau and across the state. Founder Mark Choate (J.D., Seattle University School of Law, 1980; graduate of the Gerry Spence Trial Lawyers College) has tried hundreds of cases to Alaska juries. Partner Jon Choate (J.D., Harvard Law School, 2010; former Manhattan Assistant District Attorney) adds further trial depth. We handle these cases with care, keep families informed, and take them on a contingency fee. Call (907) 586-4490.

Frequently asked questions

Who can file a wrongful death claim in Alaska? The personal representative of the person who died files the claim, for the benefit of the surviving spouse, children, or dependents (or the estate if there are none) — AS 09.55.580.

How long do I have? Two years from the date of death (AS 09.55.580(a)). Some claims involving government or federal parties have shorter notice deadlines.

What can we recover? Lost financial support, lost services, loss of companionship, lost prospective training and education for children, and medical and funeral expenses (AS 09.55.580(c)), plus the estate's survival claim (AS 09.55.570).

What if my loved one was partly at fault? The claim is not barred. Alaska's pure comparative fault rule (AS 09.17.060) reduces recovery by their share of fault but does not eliminate it.

Is a wrongful death case the same as a criminal case? No. A wrongful death claim is a civil action for compensation and is separate from any criminal prosecution, which is brought by the state.

What does it cost? Nothing up front — contingency fee, paid only if we recover for your family.

Sources

AS 09.55.580 (wrongful death action): https://codes.findlaw.com/ak/title-9-code-of-civil-procedure/ak-st-sect-09-55-580/
AS 09.55.570 (survival of causes of action): https://codes.findlaw.com/ak/title-9-code-of-civil-procedure/ak-st-sect-09-55-570/
AS 09.17.060 (comparative fault): https://codes.findlaw.com/ak/title-9-code-of-civil-procedure/ak-st-sect-09-17-060/
AS 09.17.010 (noneconomic damages limits): https://codes.findlaw.com/ak/title-9-code-of-civil-procedure/ak-st-sect-09-17-010/
IIHS / NHTSA FARS — Alaska fatality facts: https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state

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).