The statute of limitations for most personal injury lawsuits in Alaska is two years. Missing the deadline can completely bar you from recovering compensation for your injuries, but some exceptions could make the deadline different in your case. Keep reading below to learn all the details about the statute of limitations for personal injury lawsuits in Alaska.
What Is a Statute of Limitations?
A statute of limitations is like a ticking clock that governs how long you have to file a lawsuit or take legal action. When the clock strikes zero, you lose your right to file a lawsuit for your damages. Different types of cases have different deadlines.
For instance, the deadline for filing a personal injury lawsuit may differ from the deadline for filing criminal charges. Each state sets its own rules concerning the statute of limitations in their state, so you should always be familiar with the rules in your state and how they may affect your case.
Deadlines for Personal Injury Lawsuits in Alaska
In Alaska, the statute of limitations for most personal injury claims or lawsuits is two years. This means that your lawsuit must be filed within two years of the date of your accident.
This two-year rule applies to most types of personal injury cases in Alaska, including:
- Car accidents
- Slip and fall accidents
- Truck accidents
- Motorcycle accidents
- Dog bites
- Pedestrian accidents
Missing the deadline in your case could completely bar you from recovering any compensation for your injuries. It is important to note that some cases could have even shorter deadlines. This is especially true when the defendant is a government entity. Since the deadlines in those cases can get complex and the rules are strict, you should always get help from a lawyer.
Exceptions to the Alaska Statute of Limitations
While the general rule for personal injury claims is two years, there are special cases that can pause the clock. This is known as “tolling” the statute of limitations. Some of the most common reasons the statute may get tolled, or paused, are:
Minor Victim
If the victim is a minor, the statute will typically pause until they turn 18. They generally have one year to file a lawsuit after their 18th birthday, so a minor may have until they turn 19 to file a claim for their injuries.
Absent Defendant
Some defendants may choose to flee the state to avoid being served with a lawsuit. When this happens, the statute may pause until the defendant returns to the state.
Concealment
Some wrongdoers attempt to intentionally conceal the damage they have caused to defraud the victim. When concealment is present, the victim may be allowed extra time to file a lawsuit for their damages.
Incapacity
Victims who are seriously injured in accidents may become incapacitated. In these situations, the statute of limitations will pause until they regain the legal capacity to file a lawsuit.
Discovery Rule
In most personal injury claims, the deadline expires two years from the date of your injury, but not all injuries are immediately apparent.
For instance, imagine that you are injured by long-term exposure to a chemical in your workplace. The date of your injury can be difficult to pinpoint, and the statute does not begin to run in those cases until you know or reasonably should have known of your injury.
Contact Our Anchorage Personal Injury Attorneys at Farnsworth & Vance Personal Injury Lawyers for a Free Consultation
If you fail to file your lawsuit before the statute of limitations expires, the consequences can be severe. You can be completely barred from filing a lawsuit or recovering any compensation for your injuries. If you file a lawsuit after the deadline, the judge is likely to dismiss your case.
Since the consequences for missing the deadline are so severe, you should always get help from an experienced Anchorage personal injury lawyer to make sure you do not lose your chance to recover compensation. Call Farnsworth & Vance Personal Injury Lawyers to schedule a free consultation to get started.
For more information, please contact Farnsworth & Vance Personal Injury Lawyers to schedule a free consultation. We have two locations in Alaska, including Anchorage and Eagle River.
Farnsworth & Vance Personal Injury Lawyers – Anchorage
2525 Gambell St #410,
Anchorage, AK 99503
(907) 290-8980
Farnsworth & Vance Personal Injury Lawyers – Eagle River
13135 Old Glenn Hwy, Suite 101
Eagle River, AK 99577
(907) 802-4097
