Alaska Personal Injury Law

The following summary of Alaska personal injury laws and case types will help you understand important aspects of injury claims in this state.

Alaska Statute of Limitations:

• General Personal Injury: 2 years for negligent conduct
• Medical Malpractice: 2 years
• Products Liability: 2 years
• Wrongful Death: 2 years
• Libel/slander: 2 years

Caps on Personal Injury Awards in Alaska:

The award cannot exceed the injured party's life expectancy in years multiplied by $8,000 or $400,000 (whichever is greater). If it is a severe disability, then you may multiply the life expectancy in years by $25,000 or $1 million, whichever is greater.

Alaska Serious Injury Threshold:

There is no serious injury threshold in the state of Alaska.

Alaska is a Fault state and follows the pure comparative negligence system.

Personal Injury Claims & Theories of Liability in Alaska:

Auto Accident Claim: Liability for auto accidents is based upon negligence theories. Anyone driving owes a duty to all others on the road to operate their vehicle in a safe manner. When they fail to do so and injuries result, the negligent driver can be held liable.

Medical Malpractice Cases: These occur when a health care professional fails to follow the expected standard of care when providing treatment which then results in injury to the patient. This also falls under the category of "medical negligence."

Wrongful Death Case: A wrongful death case can occur in a variety of situations whether it is an auto accident, medical malpractice or otherwise. When a death occurs due to the negligence of another, the liable party will be financially responsible to the estate of the decedent.

Slip and Fall Accident: A property owner is under a duty which varies depending on the status of the injured party. In general, the property owner must make their property safe, make reasonable inspections and must notify others of all known dangers.

Product Liability Lawsuit: Products that cause injury to others when used as intended are subject to strict liability. In these cases, manufacturers, designers and distributors can all be held strictly liable.

Workers' Compensation Law: In Alaska, all employers must carry workers compensation insurance. If one of their employees is injured in the scope of employment, this insurance will cover medical expenses and settlements.

For More Information Check out these sites:

Official Alaska State Government Website

Alaska State Bar Association