A statute of limitations is a statute, or law, that restricts the period of time, after certain events, that a person may initiate legal proceedings. These time limits vary depending on the type of case and the state where the particular cause of action occurred. After the time limit has passed, the injured person no longer has the right to sue to recovery money damages, unless a legal exception applies. The following provides a brief summary, in alphabetical order, of some of the limitations periods for the state of Alaska for those actions related to personal injury, medical malpractice, and some products liability. Please contact a qualified Alaska lawyer to find out how a statute of limitations applies to your situation. Under Alaskan law, the limitations period begins to run when the injured party discovers, or should have discovered, the injury resulting in the cause of action.
Actions based on fraud must be filed within 10 years.
These types of actions must be filed within 2 years from the date of the action.
All actions against medical professionals must be filed within 2 years of the date of the act resulting in the injury.
Personal injury actions must be filed within 2 years from the date of the injury.
Product liability actions must be filed within 2 years from the date of the injury.
All actions against professionals must be filed within 2 years of the date of the act resulting in the injury.
Wrongful death actions must be filed within 2 years of the date of death.
Special Rules Tolling the Statute of Limitations:
A statute of limitations is tolled when certain conditions are present. When a statute is tolled, the limitations period is essentially put on hold for a period of time. Some typical reasons that a statute is tolled include situations when the victim of the injury was a minor at the time of the injury (minority), when the victim of the injury was mentally incompetent at the time of the injury (mental incompetence), and when the defendant has filed bankruptcy.
In Alaska, when the injured party is a minor the limitations period begins to run on that minor’s 18th birthday. This exception does not apply to wrongful death cases. In that instance, please refer to the statute directly. An additional exception exists regarding minors and medical malpractice cases. If a minor is injured as a result of medical malpractice, that person must file suit within two years plus one day of his or her 18th birthday, or within two years plus one day from the date of the minor’s marriage. If a person is either under the age of majority or mentally incompetent at the time of the injury, the limitations period may be extended. However, this extension may not be longer than two years after the disability ceases. If an injured minor was under the age of eight years at the time of the injury, the period prior to the minor’s 8th birthday is not part of the limitations period for claims of libel, slander, personal injury or death.