Wrongful Death Lawsuits in Alaska
Who can bring a wrongful death claim in Alaska, the deadline to file, and any limits on damages.
Short answer: The personal representative of the person who died brings the action. Any recovery is solely for the benefit of the surviving spouse and children or other dependents. Alaska Stat. § 09.55.580
| Who can sue for wrongful death | The personal representative of the person who died brings the action. Any recovery is solely for the benefit of the surviving spouse and children or other dependents. If there is no spouse, child or other dependent, the recovery goes to the estate and is limited to pecuniary (financial) loss. A person who feloniously killed the deceased cannot recover. Re-verified 2026-10-27. Source: Alaska Stat. § 09.55.580 |
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| Wrongful death deadline | A wrongful death lawsuit must be filed within two years after the death. Re-verified 2026-10-27. Source: Alaska Stat. § 09.55.580(a) |
| Damage caps | In personal injury and wrongful death cases, non-economic damages (pain, suffering, loss of enjoyment of life, loss of consortium and similar losses) for one injury or death are capped at the greater of $400,000 or $8,000 times the injured person's life expectancy in years. For severe permanent physical impairment or severe disfigurement, the cap is the greater of $1,000,000 or $25,000 times life expectancy. Economic damages are not capped by this section. Re-verified 2026-10-27. Source: Alaska Stat. § 09.17.010 |
More Alaska personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Alaska
- Medical Malpractice Rules in Alaska
- Car Accident Claims in Alaska
- Dog Bite Liability in Alaska
- Slip, Trip and Fall Injuries in Alaska
- Pedestrian Accident Claims in Alaska
- Bicycle Accident Claims in Alaska
- All Alaska personal injury & wrongful death rules
FAQ
Who can file a wrongful death lawsuit in Alaska?
The personal representative of the person who died brings the action. Any recovery is solely for the benefit of the surviving spouse and children or other dependents. If there is no spouse, child or other dependent, the recovery goes to the estate and is limited to pecuniary (financial) loss. A person who feloniously killed the deceased cannot recover.
How long do you have to file a wrongful death lawsuit in Alaska?
A wrongful death lawsuit must be filed within two years after the death.
Does Alaska cap damages in personal injury cases?
In personal injury and wrongful death cases, non-economic damages (pain, suffering, loss of enjoyment of life, loss of consortium and similar losses) for one injury or death are capped at the greater of $400,000 or $8,000 times the injured person's life expectancy in years. For severe permanent physical impairment or severe disfigurement, the cap is the greater of $1,000,000 or $25,000 times life expectancy. Economic damages are not capped by this section.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.