AK personal injury case & accident info
Alaska is the largest state, containing pristine wilderness and bustling cities. Perhaps you had a hunting accident; it might have been a motorcycle injury. Maybe you are facing a new normal now, or maybe you're wanting to help out a family member or friend who needs a support system.
If you or a loved one has had an accident and are bringing a personal injury suit in the state of Alaska, Enjuris has answers.
Alaska personal injury law: the basics
Alaska statutes online
This is where you'll find the state of Alaska's laws, which determine how long you have to bring a lawsuit, any caps on damages you can claim, and so on.
To read:
Alaska's car accident statutes of limitation
In Alaska, you have two years to bring a lawsuit for personal injuries and two years to bring a lawsuit for property injuries. Keep this in mind when filing your claim.
Your whole lawsuit doesn't need to be finished in two years; you just need to have filed the initial paperwork.
Car accident lawsuit time limits by state
To read:
Alaska damage caps
Alaska instituted tort reform in a 1997 statute that places a limit on non-economic damages (e.g., pain and suffering, mental anguish). According to AS 09.17.010, in personal injury or wrongful death cases, non-economic damages shall be limited to "pain, suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, loss of consortium, and other nonpecuniary damage."
Damages arising from a single injury cannot exceed $400,000 or the victim's life expectancy multiplied by $8,000, whichever is greater. There is a total cap of $1 million or the plaintiff's life expectancy multiplied by $25,000, whichever is greater.
In terms of punitive damages, or damages intended to punish a defendant, these cannot be leveled against an Alaskan municipality. See AS 09.50.280. In other cases, punitive damages are three times the amount of compensatory damages or $500,000, whichever is greater. See AS 09.17.020(f).
However, if the wrongful act was motivated by financial gain and where "adverse consequences of the conduct were actually known by the defendant or the person responsible for making policy decisions on behalf of the defendant," then punitive damages are capped at four times the amount of compensatory damages, $7 million, or four times the aggregate amount of financial gain the defendant received.
This type of reward is determined by a separate trial, and 50% of the punitive damage award will be given to the state's general fund. See AS 09.17.020(a), (e) and (j).
Alaska Damage Caps
| Type of Damages | Type of Cases | Limits | Statute |
|---|---|---|---|
| Economic (medical bills, lost wages, etc.) | Personal Injury | N/A | N/A |
| Non-economic damages (pain & suffering, mental anguish, etc.) | Personal Injury | $400,000 or the victim's life expectancy x $8,000, whichever is greater. If severe injury or disfigurement, capped at $1 million or victim's life expectancy x $25,000, whichever is greater. | AS 09.17.010 |
| Punitive damages (to punish for malice or ill intent) | Personal Injury | No punitive damages against a municipality. Otherwise, 3X the amount of compensatory damages or $500,000, whichever is greater. If act motivated by financial gain or with knowing intent, capped at $7 million, with 50% going to state in a separate trial. | AS 09.17.020(f), and AS 09.17.020(a), (e) and (j) |
| Exceptions | |||
| Claims against a municipality, such as a town, city or county | Personal Injury/Civil | No punitive damages against a municipality. Municipality or its employees cannot be sued if claim is based on performance or failure to perform discretionary function, even if the discretion is abused. | AS 09.50.280; AS § 09.65.070(d)(2) |
| Worker's compensation | Personal Injury/Civil | Up to 80% of weekly wage | AS § 23-30 |
| Products liability | Personal Injury/Civil | Intermediate economic loss rule | Northern Power & Eng'g Corp. v. Caterpillar Tractor Co., 623 P.2d 324 (Alaska 1981)); punitive and noneconomic damages limited (Sec. 09.17.020 and Sec. 09.17.010) |
Accidents & injuries in Alaska
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Accident worksheets
Your First Meeting with an Attorney
A worksheet to prepare for your first meeting with a personal injury attorney – what to bring, what they'll ask
Download in PDF format
Documents & Evidence Checklist
Checklist of 30 items to help you prepare for making a personal injury or accident claim
Download in PDF format
Personal Injury Attorney Interview Sheet
Worksheet with questions to ask a personal injury attorney to help determine if he or she will be a good fit for your case
Download in PDF format
Damages/Expenses Worksheet
Damages worksheet to track expenses for your injury claim (medical treatment, property damage, lost wages, prescriptions)
Download in PDF format
Post-Accident Journal Form
Sample accident journal/diary to help you document the effect on your daily life
Download in PDF format
Accident Report Form
Sample post-accident report form to keep in your glove box - fill out at the scene or as soon as you can after a car accident
Download in PDF format
Hiring a lawyer in Alaska
Consultations for personal injury representation – at least the first meeting, during which you and the attorney are deciding upon an official relationship – are usually free of charge. After that, lawyers work on contingency. This means that their office will receive a third of whatever the client receives, plus office expenses.
If the case goes to trial, sometimes the number rises to 40% of the eventual reward or judgment. These numbers aren't set in stone, so don't be taken aback if your lawyer suggests something different. Do be taken aback if those numbers are very, very different.
Want to hire a lawyer and need some help?
Check out some of our best articles:
What are the time limits for personal injury compensation claims?
Generally, from 1-6 years, most commonly 2 years, starting from the time you were injured. Read more
Read our complete guide to finding the right injury attorney for your case. Read insights from Enjuris attorneys and lawyers across the USA on when and why you need to hire a car accident attorney. Learn more
Need a lawyer?
Law libraries in Alaska
The law libraries in Alaska operate within the Alaskan court system. That means no matter where you live or where your case is – Anchorage or Wrangell – you will have a library at your disposal. These are great resources, as law librarians are generally legally trained and eager to help. The library will also have expensive research programs like LexisNexis and Westlaw available for you to use.