How long do I have for a back injury claim in Alaska?

Two years under § 09.10.070(a).

Will I pay the other side’s lawyer if I lose?

Partly; Civil Rule 82 shifts some fees, as in Heynen (2013).

Is there a cap on pain and suffering?

Yes, generally the greater of $400,000 or $8,000 per year of life expectancy under § 09.17.010.

What is the statute of limitations for back & spine 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 tolling exception.

★ Alaska · back & spine

Back & spine settlements
in Alaska.

By MyClaimWorth EditorialPublished 9 May 2026Updated 30 September 20269 min read

A man hurt in a December 2008 crash had disc replacement surgery and won $1,458,430 at a second trial, but the Supreme Court ordered a third because the jury never heard that he was assaulted after surgery. A Skagway tenant whose outside stair crumbled underfoot had spinal surgery, and the jury found her landlord not negligent.

Facts that decide a back & spine claim in Alaska

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)

★ band · US federal frame

$80,000 to $400,000+

Back injury (severe, surgery)

Reported decisions; statutory cap states constrain the upper end

The US band is the starting point. Alaska's fault rule and any applicable cap then adjust the figure.

united states · sister site

Your back & spine claim in Alaska. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own back & spine case in about two minutes, no cost and no obligation.

Check my case

★ AK · reported back & spine outcomes

What Alaska courts have awarded.

Real Alaska decisions and verdicts, each linked to the court record or official report.

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. Thompson had neck and lower back pain and disc replacement surgery in May 2009. At the second trial the jury awarded $1,458,430. The court reversed because the trial judge excluded all evidence that Thompson’s girlfriend assaulted him after the surgery.
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. She later had spinal surgery. She sued the landlord who sublet her the unit. The jury found no negligence; affirmed, with fees and costs against her.

★ AK · back & spine · in practice

What changes the number here.

What actually moves a back & spine settlement in Alaska.

1
Tell your lawyer about every later injury; hiding one can undo a verdict.
2
Weigh Rule 82 fee exposure before trial; in Alaska the loser pays part of the other side’s fees.
3
Photograph a broken stair or step before it is repaired.

★ AK · statute of limitations

2 years from date of injury or discovery

Alaska Stat. § 09.10.070

★ AK · fault rule

Pure comparative negligence

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

★ AK · caps

What caps recovery.

Statutory caps that may bear on a back & spine settlement in Alaska.

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

★ back & spine severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies back & spine into the tiers below. Alaska courts apply the same tier structure, adjusted for state-specific factors.

Severity tier	Band	Basis
Back injury (moderate, no surgery)	$30,000 to $100,000	Reported decisions plus settlement aggregates
Back injury (severe, surgery)	$80,000 to $400,000+	Reported decisions; statutory cap states constrain the upper end

★ back & spine · same region & fault regime

Compare to like jurisdictions.

How Alaska's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

Jurisdiction	Fault rule	Limitation	Back & spine page
Alaska · you are here	Pure comparative negligence	2 years from date of injury or discovery	—
California	Pure comparative negligence	2 years for personal injury; 1 year for medical malpractice (with 3-year repose)	CA · back & spine →
Colorado	Modified comparative, 50% bar	2 years for personal injury; 3 years for motor vehicle	CO · back & spine →
Hawaii	Modified comparative, 51% bar	2 years from date of injury	HI · back & spine →
Idaho	Modified comparative, 50% bar	2 years from date of injury	ID · back & spine →
Montana	Modified comparative, 51% bar	3 years from date of injury	MT · back & spine →
Nevada	Modified comparative, 51% bar	2 years for personal injury; 3 years for medical malpractice	NV · back & spine →
Arizona	Pure comparative negligence	2 years from date of injury	AZ · back & spine →
Kentucky	Pure comparative negligence	1 year for personal injury (one of the shortest in the US)	KY · back & spine →
Mississippi	Pure comparative negligence	3 years from date of injury	MS · back & spine →
Missouri	Pure comparative negligence	5 years for personal injury; 2 years for medical malpractice	MO · back & spine →
Arkansas	Modified comparative, 50% bar	3 years for personal injury; 2 years for medical malpractice	AR · back & spine →
Connecticut	Modified comparative, 51% bar	2 years from date of injury	CT · back & spine →

★ AK · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

How long do I have for a back injury claim in Alaska?
Two years under § 09.10.070(a).
Will I pay the other side’s lawyer if I lose?
Partly; Civil Rule 82 shifts some fees, as in Heynen (2013).
Is there a cap on pain and suffering?
Yes, generally the greater of $400,000 or $8,000 per year of life expectancy under § 09.17.010.
What is the statute of limitations for back & spine 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 tolling exception.

Sources

Checked 2026-09-30. Every figure on this page comes from one of these documents.

★ all of AK

Alaska overview

Fault rule, statute, caps, and key facts for Alaska as a whole.

★ federal frame

Back & spine in United States

Back & spine band structure and severity tiers at the US level.

★ all 15 countries

Back & spine · everywhere

Cross-jurisdiction comparison of back & spine bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Alaska's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Alaska. See /methodology, /sources, and /disclaimer.

Back & spine settlementsin Alaska.

Facts that decide a back & spine claim in Alaska

Sources

Back & spine settlements
in Alaska.