Personal Injury Statute of Limitations in Alaska
Last verified 2026-07 · Source: Alaska Stat. § 09.10.070(a) ✓ verified · 3 sources
The deadline
2 years
from Date of injury, or when claimant discovers or reasonably should have discovered the injury and its cause, under Alaska Stat. § 09.10.070(a).
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Under Alaska Stat. § 09.10.070(a), you have 2 years from Date of injury, or when claimant discovers or reasonably should have discovered the injury and its cause to file a personal injury lawsuit in Alaska. Miss it and you lose the right to sue — but several Alaska-specific exceptions can extend (or shorten) that window, detailed below.
Alaska Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Personal Injury | 2 years | Alaska Stat. § 09.10.070(a) |
| Car Accident | 2 yrs | Alaska Stat. § 09.10.070(a) |
| Credit Card Debt | 3 yrs | Alaska Stat. § 09.10.053 |
| Medical Malpractice | 2 yrs | Alaska Stat. § 09.10.070 |
| Wrongful Death | 2 yrs | Alaska Stat. § 09.55.580 |
| Dog Bite | 2 yrs | AS 09.10.070 (2-year personal injury SOL); no specific dog bite statute — common law one-bite rule applies |
| Slip and Fall | 2 yrs | Alaska Stat. § 09.10.070(a) |
| Defamation | 2 yrs | AS 09.10.070(a)(1) |
| Breach of Contract | 3 yrs | Alaska Stat. § 09.10.053 |
| Medical Debt | 3 yrs | Alaska Stat. § 09.10.053 |
When the Clock Starts
In Alaska, the limitations period for personal injury lawsuits generally begins on Date of injury, or when claimant discovers or reasonably should have discovered the injury and its cause. Alaska recognizes a discovery rule for this claim type: Alaska courts apply the discovery rule; the 2-year period begins when the plaintiff knew or reasonably should have known of the injury and its cause. A separate 10-year statute of repose exists for latent injuries (AS § 09.10.055).
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Notice of claim required; state tort claims governed by AS § 44.77.010; municipal claims require notice within 30–60 days depending on entity
- Damage caps: Noneconomic damages capped at $400,000, or $1,000,000 for severe physical impairment or disfigurement (AS § 09.17.010)
Modified comparative fault — plaintiff barred from recovery if their fault is greater than 50% (AS § 09.17.060). Punitive damages allowed but subject to clear-and-convincing-evidence standard.
Source: Alaska Stat. § 09.10.070(a), official Alaska statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Alaska government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Alaska Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Alaska | 2 years | Alaska Stat. § 09.10.070(a) |
| Washington | 3 yrs | Wash. Rev. Code § 4.16.080(2) |
| Oregon | 2 yrs | Or. Rev. Stat. § 12.110(1) |
| California | 2 yrs | Cal. Code Civ. Proc. § 335.1 |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Alaska?
You have 2 years from Date of injury, or when claimant discovers or reasonably should have discovered the injury and its cause, under Alaska Stat. § 09.10.070(a).
Can I still sue after 2 years in Alaska?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to personal injury lawsuits in Alaska?
Yes. Alaska courts apply the discovery rule; the 2-year period begins when the plaintiff knew or reasonably should have known of the injury and its cause. A separate 10-year statute of repose exists for latent injuries (AS § 09.10.055).
What if the victim was a minor?
Alaska generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Notice of claim required; state tort claims governed by AS § 44.77.010; municipal claims require notice within 30–60 days depending on entity
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Sources
- Official AS § 09.10.070 — Actions for torts to be brought in two years (Alaska Legislature)
- Corroborating Alaska Personal Injury Laws and Statutes of Limitations (Nolo)
- Corroborating Alaska Civil Statute of Limitations Laws (FindLaw)
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Alaska attorney.