Minors
Minor tolling in Alaska preserves a child's right to sue until they are legally able to do so themselves. Parents can still file on the child's behalf during minority, but they are not required to , the clock waits.
Statute of limitations · Alaska
You have 2 years to file a personal-injury lawsuit in Alaska.
The clock starts on the date of injury. The controlling statute is Alaska Stat. § 09.10.070. Filing one day late dismisses the case with prejudice.
What the Alaska statute of limitations actually says
Alaska's civil-procedure code sets one of the strictest deadlines in tort litigation: the personal-injury statute of limitations. Miss it, and the doctrine of laches plus the statute combine to extinguish your claim permanently.
Alaska applies the same 2-year limitations period to personal injury, medical malpractice, and wrongful-death claims (Alaska Stat. § 09.10.070). Property-damage claims run separately, with a 6-year deadline.
The statute itself, Alaska Stat. § 09.10.070, is the controlling authority. Interpretive decisions come from AK Sup. Ct., which has repeatedly enforced the deadline against late-filed plaintiffs.
When does the clock start in Alaska?
For most personal-injury claims in Alaska, the clock starts the day the wrongful act causes harm. A car crash victim, for example, has the limitations period running from the moment of impact, not from the day the medical bills are tallied or the insurance company denies the claim.
Discovery rule
Under Alaska's discovery doctrine, if an injury is not immediately apparent, the clock can be delayed until the plaintiff discovers , or, with reasonable diligence, should have discovered , both the harm and its connection to the defendant's conduct.
What happens if you file late
A late-filed complaint in Alaska is dismissed on the pleadings. The court does not hear evidence, does not weigh fault, does not consider damages. The motion is purely procedural and almost never denied.
Exceptions that pause or restart the clock
Mental incapacity
Alaska courts have recognized tolling for plaintiffs whose mental condition prevents them from understanding or pursuing their legal rights. The burden of proof is on the plaintiff. Temporary impairment after the accident, such as pain medication or short hospitalizations, does not qualify in most Alaska cases.
Defendant absence from state
If the at-fault party leaves Alaska after the injury, the SOL is typically tolled for the period of absence. Modern long-arm statutes and the increasing availability of service via the Alaska insurance commissioner have narrowed this rule.
Fraudulent concealment
If the defendant actively concealed the cause of action, Alaska courts can extend the SOL until the concealment is discovered or could have been discovered with reasonable diligence. Passive non-disclosure does not usually qualify.
Claims against Alaska government entities
Claims against Alaska government entities require a written notice of claim served on the appropriate official within a fixed window after the injury. The Alaska Attorney General's office or city/county attorney is typically the proper recipient.
Comparative-fault rule that applies once you file on time
Once your complaint is filed within the deadline, the case moves to the merits. Alaska jurors apply the state's comparative-fault doctrine to allocate responsibility, and that allocation drives the final award.
Alaska applies pure comparative negligence. Alaska uses pure comparative negligence: recovery is reduced by the plaintiff's percentage of fault, even up to 99%. Authority: Alaska Stat. § 09.17.060.
All Alaska civil-injury deadlines at a glance
| Claim type | Deadline | Statute | Clock starts |
|---|---|---|---|
| Personal injury (negligence) | 2 years | Alaska Stat. § 09.10.070 | Date of injury |
| Medical malpractice | 2 years | Alaska Stat. § 09.10.070 | Discovery or treatment end |
| Wrongful death | 2 years | Alaska Stat. § 09.10.070 | Date of death |
| Property damage | 6 years | Alaska Stat. § 09.10.070 | Date of damage |
Alaska auto-insurance framework you will encounter
Alaska is a pure at-fault (tort) state for car-accident claims. That means injured parties can sue the at-fault driver directly. The minimum liability coverage required under Alaska Stat. § 28.22.101 is 50/100/25.
Alaska requires UM coverage at a minimum of 50/100 (Alaska Stat. § 28.20.445). Stacking treatment: allowed.
Alaska damage caps that affect what you can recover
Alaska caps non-economic damages in medical-malpractice cases at $400,000. Punitive damages are capped at $500,000. Authority: Alaska Stat. § 09.17.010.
Alaska statute-of-limitations FAQ
Does Alaska extend the SOL if the at-fault driver leaves the state?
Alaska tolls the running of the SOL while the defendant is absent from the state. The defense bears the burden of proving the dates of absence, and tolling typically does not apply to defendants who can be served via long-arm statute or through their Alaska insurer.
What if the insurance company is still negotiating when the deadline approaches?
Insurance negotiations do not toll the statute. Alaska courts have repeatedly held that an adjuster's willingness to talk settlement is not a waiver of the SOL defense. Plaintiffs' lawyers routinely file protective complaints in the final 30 days even if talks are ongoing.
Does filing a workers' compensation claim extend the personal-injury SOL?
No. A workers' compensation claim is a separate administrative remedy with its own deadlines. If a third party (not your employer) caused the injury, you must still file the civil personal-injury suit within the standard Alaska SOL.
What is "tolling" and when does it apply in Alaska?
Tolling pauses the clock. Alaska recognizes tolling for minority, mental incapacity, defendant absence, and (in narrow cases) fraudulent concealment of the cause of action by the defendant.
If I was hit by a Alaska-registered driver but the crash happened in another state, which SOL applies?
Choice-of-law principles generally apply the SOL of the state where the injury occurred (the lex loci delicti rule), but Alaska courts also look at the borrowing statute and the parties' connections. Cross-state cases benefit from early counsel.
Can the SOL be extended by a written agreement with the defendant?
Yes, in limited circumstances. Alaska permits tolling agreements between the parties that extend the deadline, but they must be in writing, signed by an authorized representative of each side, and entered before the original deadline expires.
Does sending a demand letter to the insurance company stop the clock?
No. Only proper filing of a civil complaint in a Alaska court stops the SOL. Demand letters, pre-suit mediation, and adjuster negotiations have no legal effect on the statutory deadline.
Are there different deadlines for car accidents, slip-and-falls, and dog bites in Alaska?
In most states the personal-injury SOL applies uniformly to negligence-based claims regardless of accident type. Alaska does have separate deadlines for medical-malpractice, wrongful-death, and certain intentional-tort claims, addressed on dedicated pages.
Related Alaska personal-injury topics
Statute of limitations in nearby states
Sources cited on this page
- Alaska personal-injury statute: Alaska Stat. § 09.10.070. Primary authority for the 2-year deadline.
- Comparative-negligence rule: Alaska Stat. § 09.17.060. Establishes pure comparative negligence in Alaska.
- Auto-insurance / financial-responsibility: Alaska Stat. § 28.22.101. Minimum liability 50/100/25.
- Uninsured-motorist coverage: Alaska Stat. § 28.20.445.
- Damage caps: Alaska Stat. § 09.17.010.
- Court verification: Decisions of AK Sup. Ct., AK Ct. App., accessed via Cornell Legal Information Institute and the CourtListener PACER archive.
Last verified against primary sources on 2026-05-16.