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

2 years from date of injury or discovery. Source: Alaska Stat. § 09.10.070. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).

Are there caps on damages in Alaska?

Yes — Alaska applies the following caps: Non-economic damages cap ($400,000 or $1M for severe permanent injury) under Alaska Stat. § 09.17.010; Punitive damages cap (Greater of 3× compensatory or $500,000) under Alaska Stat. § 09.17.020. See the caps section above for the conditions under which each applies.

Does Alaska operate a no-fault auto insurance scheme?

No. Alaska is a traditional tort jurisdiction for auto claims. The at-fault driver's insurer is the primary source of recovery.

How are settlements typically valued in Alaska?

Practitioners and adjusters in Alaska value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (pure comparative negligence) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.

Should I hire a Alaska attorney for a personal injury claim?

For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Alaska's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Alaska personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

★ US · West

Personal injury in
Alaska.

By MyClaimWorth EditorialReviewed by Abd Shanti, FounderPublished 9 May 20267 min read

Alaska applies pure comparative negligence with a statutory cap of $400,000 on non-economic damages, rising to $1M for severe permanent injury.

Alaska operates pure comparative negligence, a claimant's recovery is reduced by the percentage of fault attributed to them, with no bar threshold. The state imposes a statutory cap on non-economic damages: $400,000 or 8 times the claimant's annual income (whichever is greater) in standard cases, rising to $1 million or 8× annual income for severe permanent physical impairment or severe disfigurement.

Punitive damages are capped under § 09.17.020 at the greater of three times compensatory damages or $500,000, with the claimant receiving 50% and the state 50%.

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★ statute of limitations

2 years from date of injury or discovery

Alaska Stat. § 09.10.070

★ fault rule

Pure comparative negligence

Pure comparative negligence, recovery available even at 99% claimant fault, reduced proportionally.

★ AK · statutory caps

What caps recovery.

Caps and ceilings imposed by Alaska law that bear on settlement values.

Non-economic damages cap
Personal injury
$400,000 or $1M for severe permanent injury
Alaska Stat. § 09.17.010
Punitive damages cap
Most tort claims
Greater of 3× compensatory or $500,000
Alaska Stat. § 09.17.020

★ AK · key facts

What makes Alaska different.

The handful of details that distinguish this jurisdiction from its neighbours.

Pure comparative negligence (recovery at any fault percentage)
Non-economic cap: $400,000 / $1M for severe injury
Punitive cap: 3× compensatory or $500,000
2-year SOL with discovery rule

★ AK · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Alaska law.

★ AK · court decisions

What Alaska courts have decided.

Reported Alaska decisions for each injury type, each with a link to the judgment and to the full injury guide.

Whiplash
Ray v. Draeger
Alaska Supreme Court · 2015
$5,935 verdict reinstated
In July 2009 Kimber Ray rear ended the car Megan Draeger was riding in, a low speed, low impact collision.
whiplash in Alaska →
Whiplash
Small v. Sayre
Alaska Supreme Court · 2016
$6,000 and $4,000 verdicts affirmed
In November 2011 Austin Sayre rear ended the Smalls’ car while it idled in traffic.
whiplash in Alaska →
Back & spine
Cooper v. Thompson
Alaska Supreme Court · 2015
$1,458,430 verdict reversed; new trial
In December 2008 Michael Cooper, whose employer was Central Plumbing & Heating, caused a crash that injured Samuel Thompson.
back & spine in Alaska →
Back & spine
Heynen v. Fairbanks
Alaska Supreme Court · 2013
Defense verdict affirmed
On October 21, 2006, Elizabeth Heynen stepped out of her second floor apartment in Skagway to walk her dog; she said the edge of the first wooden step crumbled and she fell backward onto her lower spine.
back & spine in Alaska →
Head & brain
Kisling v. Grosz
Alaska Supreme Court · 2025
$300,000 judgment affirmed
Paul Grosz stood on a homemade walking plank to help his friend Gregory Kisling hang a crucifix above the stairs in Kisling’s home.
head & brain in Alaska →
Head & brain
Sulzbach v. City & Borough of Sitka
Alaska Supreme Court · 2022
Defense verdict affirmed
During preparations for Sitka’s 2016 Alaska Day celebration at Harrigan Centennial Hall, a volunteer temporarily fastened ten cloth lanterns of about 5.5 pounds each and left for about 15 minutes.
head & brain in Alaska →
Fracture
Tracy Sampson v. Alaska Airlines, Inc.
Alaska Supreme Court · 2020
Award affirmed; fault 75/25
In April 2015 Tracy Sampson slipped on ice walking between the Alaska Airlines and Bering Air terminals at Kotzebue.
fracture in Alaska →
Fracture
Unisea, Inc. v. Morales de Lopez
Alaska Supreme Court · 2019
Commission ruling for the worker affirmed
In June 2013 Sofia Morales de Lopez, 54, a fish sorter at a Dutch Harbor plant, fell about 15 feet from a platform onto concrete and suffered several fractures, then developed PTSD symptoms.
fracture in Alaska →
Medical negligence
Hagen v. Strobel
Alaska Supreme Court · 2015
Summary judgment for the cardiologists affirmed
In November 2007 a cardiologist implanted a pacemaker in Gregory Hagen at Mat-Su Regional Medical Center in Palmer and ordered an x ray.
medical negligence in Alaska →
Medical negligence
Goodwin v. Mat-Su Midwifery
Alaska Supreme Court · 2024
Summary judgment for the midwives affirmed
Kimberly Goodwin, 39, with a history of miscarriages, was nearly 42 weeks pregnant in December 2012 under a birth center’s care.
medical negligence in Alaska →
Workplace
Tobar v. Remington Holdings LP
Alaska Supreme Court · 2019
Denial of benefits vacated
In late July 2013 Silvia Tobar, a housekeeper at the Anchorage Sheraton, hurt her back lifting bed linens and was taken to the ER by ambulance; an MRI showed lumbar disc bulging.
workplace in Alaska →
Workplace
Alaska Airlines, Inc. v. Darrow
Alaska Supreme Court · 2017
Impairment offset reversed
Pamela Darrow injured her knee working for Alaska Airlines at the Fairbanks airport in 1996.
workplace in Alaska →

★ AK · rules that decide claims

The rules in Alaska.

Statutes and rulings that come up again and again in Alaska injury claims, each with its source.

Defense doctors and insurance	You can show a defense medical expert’s substantial ties to the insurance industry to prove bias.Ray v. Draeger (Alaska 2015)
Fault rule	Your share of fault “diminishes proportionately the amount awarded” but “does not bar recovery.” Alaska is a pure comparative state.Alaska Stat. § 09.17.060
Seat belt use	Not wearing a belt can reduce damages if a careful person would have buckled up and the injuries were worse for it.Hutchins v. Schwartz (Alaska 1986); see our seat belt table
Later injuries matter	Evidence of a later assault that may have worsened your back can go to the jury; excluding all of it cost Thompson his verdict.Cooper v. Thompson (Alaska 2015)
Losing side pays fees	Alaska Civil Rule 82 lets the winner recover part of its attorney’s fees; Heynen was ordered to pay about $9,770 plus costs.Heynen v. Fairbanks (Alaska 2013)
Deadline to sue	An action for personal injury must be “commenced within two years of the accrual of the cause of action.”Alaska Stat. § 09.10.070(a)
Fault first, then the cap	Comparative fault is applied to the verdict before the noneconomic cap, so 25% of $1.2 million ($300,000) stood under the $400,000 cap.Kisling v. Grosz (Alaska 2025)
Volunteers at events	A volunteer who hung the lantern could not be held financially responsible under federal law, and the city was not vicariously liable for him.Sulzbach v. City & Borough of Sitka (Alaska 2022)

★ other US jurisdictions

Compare across United States.

How Alaska compares with its neighbours in the West on fault rule and limitation period.

Jurisdiction	Fault rule	Limitation
Alaska· you are here	Pure comparative negligence	2 years from date of injury or discovery
California (CA)	Pure comparative negligence	2 years for personal injury; 1 year for medical malpractice (with 3-year repose)
Colorado (CO)	Modified comparative, 50% bar	2 years for personal injury; 3 years for motor vehicle
Hawaii (HI)	Modified comparative, 51% bar	2 years from date of injury
Idaho (ID)	Modified comparative, 50% bar	2 years from date of injury
Montana (MT)	Modified comparative, 51% bar	3 years from date of injury
Nevada (NV)	Modified comparative, 51% bar	2 years for personal injury; 3 years for medical malpractice
Oregon (OR)	Modified comparative, 51% bar	2 years from date of injury
Utah (UT)	Modified comparative, 50% bar	4 years for personal injury; 2 years for medical malpractice
Washington (WA)	Pure comparative negligence	3 years from date of injury
Wyoming (WY)	Modified comparative, 51% bar	4 years from date of injury

Every United States jurisdiction compared

★ AK · frequently asked

Common questions.

Common questions about personal injury claims in Alaska, answered with the relevant statutory references.

What is the statute of limitations for personal injury claims in Alaska?
2 years from date of injury or discovery. Source: Alaska Stat. § 09.10.070. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).
What fault rule applies in Alaska?
Pure comparative negligence. Pure comparative negligence, recovery available even at 99% claimant fault, reduced proportionally.
Are there caps on damages in Alaska?
Yes — Alaska applies the following caps: Non-economic damages cap ($400,000 or $1M for severe permanent injury) under Alaska Stat. § 09.17.010; Punitive damages cap (Greater of 3× compensatory or $500,000) under Alaska Stat. § 09.17.020. See the caps section above for the conditions under which each applies.
Does Alaska operate a no-fault auto insurance scheme?
No. Alaska is a traditional tort jurisdiction for auto claims. The at-fault driver's insurer is the primary source of recovery.
How are settlements typically valued in Alaska?
Practitioners and adjusters in Alaska value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (pure comparative negligence) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.
Should I hire a Alaska attorney for a personal injury claim?
For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Alaska's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Alaska personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

united states · sister site

Injured in Alaska? See what your own claim could be worth.

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★ federal context

Back to United States

All injury bands, statutes, and procedural pathway at the US level.

★ the working

How we derive bands

Per-jurisdiction methodology, estimates, and known limits.

★ standing authority

Sources we cite

The statutes, guidelines and court sites the pages cite.

★ editorial note

This page summarises the Alaska statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Alaska. See /methodology, /sources, and /disclaimer.

Personal injury inAlaska.

Personal injury in
Alaska.