Alaska Statute of Limitations: Filing Deadlines by Case Type

Understanding Alaska's statute of limitations is essential for anyone considering a lawsuit or facing criminal charges in the state. These legal deadlines determine how long you have to file a case before you lose the right to do so. Missing a filing deadline can permanently bar your claim, regardless of its merits.

This guide covers every major civil and criminal statute of limitations in Alaska, organized by case type, with direct references to the Alaska Statutes so you can verify each deadline yourself.

Alaska Civil Statute of Limitations

Alaska's civil statutes of limitations set strict deadlines for filing lawsuits. The clock typically starts on the date of the injury, breach, or harmful event. In some cases, the "discovery rule" applies, meaning the deadline starts when you knew or should have known about the harm.

If you miss the filing deadline, the defendant can ask the court to dismiss your case. Once dismissed on statute of limitations grounds, you lose the right to pursue that claim permanently.

Personal Injury (2 Years)

You have 2 years to file a personal injury lawsuit in Alaska. This deadline covers claims for bodily harm caused by another person's negligence or intentional conduct, including car accidents, slip-and-fall injuries, and assault.

The 2-year period is set by AS 09.10.070 and begins on the date of injury. Under the discovery rule, the clock may start later if you did not immediately know about the injury.

Wrongful Death (2 Years)

Wrongful death claims must be filed within 2 years from the date of death under AS 09.55.580. The personal representative of the deceased person's estate is the one who must file this action.

Alaska courts have applied the discovery rule in wrongful death cases, so the 2-year clock may be delayed if the cause of death was not immediately apparent.

Defamation: Libel and Slander (2 Years)

Claims for defamation, including both libel (written) and slander (spoken), must be filed within 2 years under AS 09.10.070. The clock starts on the date the defamatory statement was published or spoken.

Medical Malpractice (2 Years)

Medical malpractice lawsuits must be filed within 2 years of the alleged negligent act or omission under AS 09.10.070. Alaska also has specific provisions under AS 09.55.549 governing medical malpractice claims.

Special rules apply in certain situations:

• If the injured person was under 6 years old at the time of the negligent act, the lawsuit may be filed before the child's 8th birthday
• The clock is paused (tolled) during any period of fraud, intentional concealment, or the undiscovered presence of a foreign body left during a medical procedure

Product Liability (2 Years)

Product liability claims follow the same 2-year deadline as other personal injury cases under AS 09.10.070. The clock starts when the injured party discovers, or through reasonable diligence should have discovered, the facts giving rise to the claim.

Contracts (3 Years)

Breach of contract lawsuits, whether based on written or oral agreements, must be filed within 3 years under AS 09.10.053. This applies to both express and implied contracts.

The 3-year deadline does not apply to actions on judgments or sealed instruments (which get 10 years under AS 09.10.040) or to other specific actions with their own deadlines.

UCC Sale of Goods (4 Years)

For contracts involving the sale of goods governed by the Uniform Commercial Code (UCC), Alaska provides a 4-year statute of limitations under AS 45.02.725. The parties may agree to reduce this period to as short as 1 year, but they cannot extend it beyond 4 years.

The cause of action accrues when the breach occurs, regardless of whether the buyer knows about the breach at that time.

Trespass on Real Property (6 Years)

Actions for trespass or waste upon real property must be filed within 6 years under AS 09.10.050. This covers unauthorized entry or damage to land and buildings.

Fraud (10 Years)

Fraud claims have a 10-year statute of limitations under AS 09.10.100. This longer deadline reflects the reality that fraud often takes time to discover. Alaska's 10-year statute of repose does not apply to fraud-based claims.

Debt Collection (10 Years)

Creditors have 10 years to file lawsuits to collect debts on account and unpaid rent under AS 09.10.100. This applies to outstanding balances, not to breach of contract claims (which have a 3-year deadline).

Judgments (10 Years)

A party has 10 years to enforce or renew a judgment under AS 09.10.040. After a court issues a judgment, the winning party must act within this window to collect on it.

Civil Sexual Offense Claims (No Limit or 3 Years)

Under AS 09.10.065, civil lawsuits based on conduct that constitutes certain sexual offenses may be filed at any time with no deadline. Other sexual offense claims must be brought within 3 years of when the claim accrued.

Summary Table: Alaska Civil Statutes of Limitations

Case Type	Time Limit	Statute
Personal Injury	2 years	AS 09.10.070
Wrongful Death	2 years	AS 09.55.580
Libel / Slander	2 years	AS 09.10.070
Medical Malpractice	2 years	AS 09.10.070
Product Liability	2 years	AS 09.10.070
Contracts (Written/Oral)	3 years	AS 09.10.053
UCC Sale of Goods	4 years	AS 45.02.725
Trespass on Real Property	6 years	AS 09.10.050
Fraud	10 years	AS 09.10.100
Debt Collection	10 years	AS 09.10.100
Judgments	10 years	AS 09.10.040
Civil Sexual Offenses	None or 3 years	AS 09.10.065

Alaska's Statute of Repose

Alaska has a 10-year statute of repose under AS 09.10.055. This provides an absolute outer deadline for personal injury, death, and property damage claims, measured from the date of substantial completion of construction or the last act alleged to have caused the harm.

Unlike the statute of limitations, the statute of repose cannot be extended by the discovery rule. Even if you did not know about your injury, the statute of repose cuts off your right to sue after 10 years.

Important exceptions to the statute of repose include:

• Claims based on fraud or misrepresentation
• Claims resulting from intentional or reckless disregard of project design plans, specifications, or building codes
• If an injury occurs during the 10th year, the injured person has 1 additional year to file suit

Tolling Provisions: When the Clock Pauses

Alaska law recognizes several situations where the statute of limitations clock is paused (tolled):

Minority (Under 18): Under AS 09.10.140, if the injured person is a minor, the statute of limitations may be tolled until they reach the age of majority. However, the 10-year statute of repose still applies even to minors in most cases.

Mental Incapacity: If a person lacks the mental capacity to understand their legal rights at the time the cause of action accrues, the statute of limitations may be tolled during the period of incapacity.

Discovery Rule: For claims where the injury or wrongdoing is not immediately apparent, Alaska courts apply the discovery rule. The clock starts when the plaintiff knew or reasonably should have known about the injury and its cause.

Fraud or Concealment: If the defendant actively conceals the wrongful conduct, the statute of limitations is tolled until the plaintiff discovers or should have discovered the fraud.

Employment-Related Deadlines

Alaska has specific deadlines for employment-related claims:

Employment Discrimination: You must file a complaint with the Alaska State Commission for Human Rights within 300 days of the alleged discriminatory act. If you file with the EEOC, the same 300-day deadline applies because Alaska has a work-sharing agreement with the federal agency. Court lawsuits for employment discrimination must be filed within 2 years.

Workers' Compensation: Under AS 23.30.105, you must file a workers' compensation claim within 2 years after you become aware of the nature of your disability and its connection to your employment. The absolute maximum filing deadline is 4 years from the date of injury for non-occupational disease claims. Death benefit claims must be filed within 1 year of the death.

Alaska Criminal Statute of Limitations

Alaska's criminal statutes of limitations determine how long prosecutors have to bring criminal charges. These deadlines are found in AS 12.10.010 and related sections.

Crimes With No Time Limit

Under AS 12.10.010(a), the following crimes may be prosecuted at any time, with no deadline:

• Murder
• Attempt, solicitation, or conspiracy to commit murder
• Hindering the prosecution of murder
• Felony sexual abuse of a minor
• Sexual assault (unclassified, class A, or class B felony)
• Kidnapping
• Distribution of child pornography (AS 11.61.125)
• Sex trafficking (unclassified, class A, or class B felony under AS 11.66.110 - 11.66.130)
• Sex crimes committed against someone under 18 (AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458)

Felonies With a 10-Year Limit

Certain violent felonies carry a 10-year statute of limitations. These include assault in the first and second degree, robbery, extortion, and other crimes under AS 11.41.120 through 11.41.330 and specific subsections of AS 11.41.425.

Other Felonies and Misdemeanors (5 Years)

All other felonies and all misdemeanors carry a 5-year statute of limitations under AS 12.10.010(b)(2).

Extended Deadlines for Fraud-Related Crimes

For criminal offenses that involve fraud, breach of fiduciary obligation, or official misconduct in public office, the statute of limitations runs for 1 year after discovery of the offense but cannot be extended more than 3 years beyond the standard deadline.

Tolling in Criminal Cases

Under AS 12.10.020, the criminal statute of limitations is paused when the suspect is continuously absent from the state or hiding within the state to avoid prosecution. This tolling can extend the deadline by a maximum of 3 years.

Summary Table: Alaska Criminal Statutes of Limitations

Offense Category	Time Limit	Statute
Murder	No limit	AS 12.10.010(a)(1)
Kidnapping	No limit	AS 12.10.010(a)(6)
Felony Sexual Abuse of Minor	No limit	AS 12.10.010(a)(3)
Sexual Assault (Class A/B Felony)	No limit	AS 12.10.010(a)(4)
Sex Trafficking (Class A/B Felony)	No limit	AS 12.10.010(a)(8)
Child Pornography Distribution	No limit	AS 12.10.010(a)(7)
Certain Violent Felonies	10 years	AS 12.10.010(b)(1)
Other Felonies	5 years	AS 12.10.010(b)(2)
All Misdemeanors	5 years	AS 12.10.010(b)(2)
Fraud/Official Misconduct	5 yrs + 1 yr after discovery (max 3 yr extension)	AS 12.10.010

Recent Legal Developments

In 2025, the Alaska Supreme Court adopted the "continuous representation" rule for legal malpractice claims. Under this rule, established in Sheldon-Lee v. Birch Horton Bittner, Inc., the statute of limitations for a legal malpractice claim is tolled as long as the attorney continues to represent the client in the same matter. Once the representation ends, the standard limitation period begins to run.

This aligns Alaska with the majority of U.S. jurisdictions that follow the continuous representation rule and provides additional protection for clients who may not realize their attorney has made an error while the representation is still ongoing.

Important Considerations

Filing early is always better. Even if you believe you have time remaining, evidence can be lost, witnesses' memories can fade, and circumstances can change. Filing your claim as soon as possible gives you the strongest case.

The discovery rule has limits. While Alaska courts apply the discovery rule in many situations, the 10-year statute of repose creates an absolute cutoff for most personal injury, death, and property damage claims regardless of when you discovered the harm.

Consult an attorney. Statute of limitations questions often involve complex legal analysis. Tolling provisions, accrual dates, and exceptions can vary based on the specific facts of your case. Consider consulting with an Alaska attorney to confirm the deadline that applies to your situation.

State laws are always subject to change. While our goal is to provide the most current information available, please verify the state law(s) you are researching through the Alaska State Legislature website or by consulting with a licensed Alaska attorney.

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