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★ Alaska · fracture

Fracture settlements
in Alaska.

By 9 min read

A woman flying home to Selawik slipped on ice outside the Alaska Airlines terminal in Kotzebue and fractured her kneecap, half broken and half shattered; the jury put 75% of the fault on the airline and 25% on her. A fish sorter who fell about 15 feet onto concrete in Dutch Harbor suffered several fractures and won the right to impairment pay as each rating came in.

Facts that decide a fracture claim in Alaska

Shared fault on iceA jury can find both the property operator and the person who fell careless; Sampson’s award was reduced by her 25% share.Tracy Sampson v. Alaska Airlines (Alaska 2020)
Impairment pay timingImpairment compensation is payable on notice of each rating, not only after a combined rating.Unisea, Inc. v. Morales de Lopez (Alaska 2019)
Noneconomic damages capThe greater of $400,000 or $8,000 times your life expectancy in years; for severe permanent physical impairment or severe disfigurement, the greater of $1,000,000 or $25,000 times life expectancy.Alaska Stat. § 09.17.010(b), (c)
★ band · US federal frame
$15,000 to $80,000
Wrist or arm fracture
Settlement aggregates

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

★ AK · reported fracture outcomes

What Alaska courts have awarded.

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

  • 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. Half her kneecap was fractured and half shattered; she had surgery in Anchorage and was bedridden for about two months. The jury found the airline 75% at fault, awarded $36,747 for knee care and $64,820 in future subsistence losses, among other items; affirmed.

  • 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. Doctors gave a 5% orthopedic and a 10% psychiatric rating almost a year apart, for 15% combined. The court held impairment pay was due as each rating arrived.

★ AK · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Alaska.

  1. 1

    Report ice at an airport or store the same day and photograph it.

  2. 2

    Subsistence losses count in rural Alaska; Sampson proved $64,820 in future losses.

  3. 3

    Ask for impairment pay as soon as each specialist rates you.

★ 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 fracture settlement in Alaska.

★ fracture · 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 fracture claims.

JurisdictionFault ruleLimitationFracture page
Alaska · you are herePure comparative negligence2 years from date of injury or discovery—
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · fracture →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · fracture →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · fracture →
IdahoModified comparative, 50% bar2 years from date of injuryID · fracture →
MontanaModified comparative, 51% bar3 years from date of injuryMT · fracture →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · fracture →
ArizonaPure comparative negligence2 years from date of injuryAZ · fracture →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · fracture →
MississippiPure comparative negligence3 years from date of injuryMS · fracture →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · fracture →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · fracture →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · fracture →
★ AK · fracture · frequently asked

Common questions.

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

★ 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.