Bereaved Rights

State wrongful death guide

Alaska Wrongful Death Law Guide

Alaska wrongful death claims are filed by the estate’s representative within two years and can compensate family members for financial losses and the loss of a loved one’s care and companionship.

Quick facts for Alaska

  • Who can file: In Alaska, a wrongful death action is brought by the personal representative of the decedent’s estate for the benefit of the surviving spouse, children, and other statutory beneficiaries.
  • Deadline to file: Most Alaska wrongful death actions must be filed within two years of the date of death.
  • Key statute: Alaska Stat. § 09.55.580

Types of compensation families may pursue

  • Medical expenses related to the fatal injury
  • Funeral and burial expenses
  • Loss of the decedent’s expected earnings and benefits
  • Loss of support, care, and household services
  • Loss of consortium, comfort, and companionship
  • Decedent’s pain and suffering before death
  • Punitive damages in egregious cases

Alaska law caps noneconomic damages in personal injury and wrongful death cases, with higher caps when the death involves severe permanent impairment or the death of a minor. Economic damages are not generally capped.

Alaska wrongful death law: a guide for grieving families

A sudden death in Alaska—whether on the road, at sea, or in a hospital—can leave a family reeling. On top of grief, there are practical questions about income, bills, and what can be done legally. Alaska’s wrongful death statute is meant to address those harms. This guide explains the basics in clear language so you don’t have to untangle statutes on your own.

1. What is “wrongful death” in Alaska?

Under Alaska law, a wrongful death occurs when a person’s death is caused by the wrongful act or omission of another—something that would have supported a personal injury lawsuit if the person had survived.

Common situations include:

  • Highway or rural road collisions
  • Aviation and boating accidents
  • Medical negligence
  • Unsafe property conditions (slips, falls, fires)
  • Defective or poorly maintained equipment

The wrongful death claim focuses on the harm to the family and statutory beneficiaries caused by the loss.

2. Who files the lawsuit, and who benefits?

Alaska uses a representative structure:

  • The personal representative of the decedent’s estate (executor named in a will, or an administrator appointed by the court) files the lawsuit.
  • The action is brought for the benefit of:
    • The surviving spouse and children, and
    • In some circumstances, other statutory beneficiaries or heirs who depended on the decedent.

The personal representative acts in a fiduciary role, pursuing the case for all beneficiaries, not just for themselves.

3. What damages can be recovered?

Alaska recognizes both economic and noneconomic losses, as well as some damages that belong to the estate.

Economic losses

  • Medical expenses related to the fatal injury or illness
  • Funeral and burial expenses
  • Loss of the decedent’s expected earnings and employment benefits
  • Loss of household services (childcare, maintenance, and other support)

Noneconomic losses

  • Loss of the decedent’s care, comfort, and companionship
  • Loss of consortium and emotional support within the family

Estate-focused damages

Through related claims, the estate may recover:

  • The decedent’s conscious pain and suffering before death
  • Certain financial losses the decedent incurred between the injury and death

In rare cases involving outrageous or reckless conduct, punitive damages may be available to punish and deter wrongful behavior, but they are not routine.

4. Damage caps in Alaska

Alaska law places statutory caps on noneconomic damages in personal injury and wrongful death cases, with:

  • A general ceiling on noneconomic damages in many cases, and
  • Higher limits when the case involves the death of a minor or a person who was not employed full time but provided significant household services or care, or when the incident results in severe permanent impairment.

Economic damages—like medical bills and lost wages—are not normally capped.

Because the exact limits change over time and depend on the facts, it’s important to confirm the current cap structure with an Alaska attorney.

5. Filing deadline (statute of limitations)

Most Alaska wrongful death actions must be filed:

  • Within two years of the date of death.

Missing this deadline usually means the claim cannot go forward, no matter how strong the underlying facts may be. Different or additional timing rules can apply in narrow situations, such as claims involving government entities.

6. Practical steps for families

If you’re considering a wrongful death claim in Alaska, it can be helpful to:

  • Open or confirm the decedent’s estate and the appointment of a personal representative
  • Collect key records: death certificate, police or investigation reports, medical records, insurance information
  • Keep receipts for funeral, burial, and travel expenses
  • Talk with an Alaska wrongful death attorney about beneficiaries, damage caps, and deadlines

Disclaimer

This guide is for general information only and does not constitute legal advice. Every case is fact-specific, and you should consult an Alaska-licensed attorney about your situation.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

How long do I have to file a wrongful death lawsuit in Alaska? +

In most cases, Alaska law requires a wrongful death lawsuit to be filed within two years of the date of death. If the case is filed after this two-year period, the court will usually dismiss it as time-barred. Special rules can apply in certain situations, such as claims involving government entities or other specific statutes, so it is important to speak with an Alaska wrongful death attorney as early as you can. This answer is informational only and not legal advice.

What damages are available in an Alaska wrongful death case? +

Alaska wrongful death law allows families to seek both economic and noneconomic damages. Economic damages may include medical expenses, funeral and burial costs, and the loss of the deceased person’s expected earnings and benefits, as well as the value of household services. Noneconomic damages focus on the human loss: the surviving family’s loss of the decedent’s care, comfort, consortium, and companionship. In addition, the estate may recover for the decedent’s conscious pain and suffering before death. Alaska caps most noneconomic damages, though higher limits can apply in cases involving the death of a minor or severe impairment. In limited situations involving particularly reckless or outrageous conduct, punitive damages may also be available. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in Alaska? +

In Alaska, a wrongful death lawsuit is filed by the personal representative of the deceased person’s estate. This representative may be named in a will or appointed by the court if there is no will. The lawsuit is brought for the benefit of statutory beneficiaries, typically including the surviving spouse, children, and, when appropriate, other heirs who would inherit under Alaska law. While these family members may share in any recovery, they do not usually file separate lawsuits on their own—the personal representative brings one unified case. This answer is informational only and not legal advice.