Alaska Statute of Limitations

Each and every state has a different statute of limitations in regard to the how to file a lawsuit for wrongful death. Whatever you do, don’t wait too long to lose your opportunity to file a wrongful death lawsuit.

Do You Have a Alaska Statute of Limitations Lawsuit? »

Here are some important facts to know about Alaska’s statute of limitations and time limits for filing a lawsuit:

• Negligence - 2 years
• Medical Malpractice – 2 years from date of injury
• Product Liability – 2 yrs
• Wrongful Death – 2 years from date of death; 10 years from defective products
• Survival – 2 years

Caps on Lawyers Awards – There are no limitations
Alaska Caps on damages for medical malpractice – Alaska imposes a damages cap on non-economic damages in the amount of $400,000 for most injuries, with the cap raised to $1,000,000 for cases involving severe impairment and disfigurement.
Punitive damages are limited to $500,000.00 or three times compensatory damages.

Alaska Caps on damages for product liability - In an action to recover damages for personal injury or wrongful death, all damage claims for noneconomic losses shall be limited to compensation for pain, suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, loss of consortium, and other nonpecuniary damage.

Except as provided under section 09.17.010, the damages awarded by a court or a jury under (a) of this section for all claims, including a loss of consortium claim, arising out of a single injury or death may not exceed $400,000 or the injured person's life expectancy in years multiplied by $8,000, whichever is greater. In an action for personal injury, the damages awarded by a court or jury that are described under (b) of this section may not exceed $1,000,000 or the person's life expectancy in years multiplied by $25,000, whichever is greater, when the damages are awarded for severe permanent physical impairment or severe disfigurement.  An award of punitive damages may not exceed the greater of

(1) three times the amount of compensatory damages awarded to the plaintiff in the action; or
(2) the sum of $500,000.
(g) Except as provided in (h) of this section, if the fact finder determines that the conduct proven under (b) of this section was motivated by financial gain and the adverse consequences of the conduct were actually known by the defendant or the person responsible for making policy decisions on behalf of the defendant, it may award an amount of punitive damages not to exceed the greatest of
(1) four times the amount of compensatory damages awarded to the plaintiff in the action;
(2) four times the aggregate amount of financial gain that the defendant received as a result of the defendant's misconduct; or
(3) the sum of $7,000,000.
(h) Notwithstanding any other provision of law, in an action against an employer to recover damages for an unlawful employment practice prohibited by AS 18.80.220, the amount of punitive damages awarded by the court or jury may not exceed
(1) $200,000 if the employer has less than 100 employees in this state;
(2) $300,000 if the employer has 100 or more but less than 200 employees in this state;
(3) $400,000 if the employer has 200 or more but less than 500 employees in this state; and
(4) $500,000 if the employer has 500 or more employees in this state.

Alaska caps on damages for pharmaceutical cases - See Product Liability damages cap for noneconomic and punitive damages caps

Minor’s tolling - Except in cases of wrongful death, in Alaska, the statute of limitations begins to run on the minor’s 18th birthday.

Contact Our Wrongful Death Lawyers Today »

Alaska Academy of Trial Lawyers
PO Box 101571
Anchorage, AK 99510-1571
907.258.4040
http://www.alaskatriallawyers.org/ak/

State of Alaska Department of Public Safety
5700 E. Tudor Road
Anchorage, AK 99507
907.269.5511.
http://www.dps.state.ak.us