## How the limitation period applies

The controlling primary authority for US-AK medical malpractice SOL (AS 09.10.070) is **AS 09.10.070**.

> **AS 09.10.070.** for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwise; (3) for taking, detaining, or injuring personal property, including an action for its specific recovery; (4) upon a statute for a forfeiture or penalty to the state; or (5) upon a liability created by statute, other than a penalty or forfeiture; unless the action is commenced within two years of the accrual of the cause of action.

## Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

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## Sources

- [AS 09.10.070 — AS 09.10.070](https://www.akleg.gov/basis/statutes.asp?media=print&secStart=09.10.070&secEnd=09.10.075)

All sources are official primary law published by `www.akleg.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


Statute of limitations for medical malpractice in Alaska — backed by real statute citations.

Statute of limitations for medical malpractice in Alaska

Sec. 09.10.053. Contract actions to be brought in three years. Unless the action is commenced within three years, a person may not bring an action upon a contract or liability, express or implied, except as provided in AS 09.10.040 , or as otherwise provided by law, or, except if the provisions of this section are waived by contract.

Sec. 09.10.070. Actions for torts, for injury to personal property, for certain statutory liabilities, and against peace officers and coroners to be brought in two years. (a) Except as otherwise provided by law, a person may not bring an action (1) for libel, slander, assault, battery, seduction, or false imprisonment, (2) for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwise; (3) for taking, detaining, or injuring personal property, including an action for its specific recovery; (4) upon a statute for a forfeiture or penalty to the state; or (5) upon a liability created by statute, other than a penalty or forfeiture; unless the action is commenced within two years of the accrual of the cause of action.

Sec. 09.10.050. Certain property actions to be brought in six years. Unless the action is commenced within six years, a person may not bring an action for waste or trespass upon real property.

(a) An action for breach of a contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

Sec. 09.55.580. Action for wrongful death. 
 (a) Except as provided under (f) of this section and AS 09.65.145 , when the death of a person is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action, had the person lived, against the latter for an injury done by the same act or omission. The action shall be commenced within two years after the death, and the damages therein shall be the damages the court or jury may consider fair and just. The amount recovered, if any, shall be exclusively for the benefit of the decedent's spouse and children when the decedent is survived by a spouse or children, or other dependents. When the decedent is survived by no spouse or children or other dependents, the amount recovered shall be administered as other personal property of the decedent but shall be limited to pecuniary loss. When the plaintiff prevails, the trial court shall determine the allowable costs and expenses of the action and may, in its discretion, require notice and hearing thereon. The amount recovered shall be distributed only after payment of all costs and expenses of suit and debts and expenses of administration.

 (b) The damages recoverable under this section shall be limited to those which are the natural and proximate consequence of the negligent or wrongful act or omission of another.

 (c) In fixing the amount of damages to be awarded under this section, the court or jury shall consider all the facts and circumstances and from them fix the award at a sum which will fairly compensate for the injury resulting from the death. In determining the amount of the award, the court or jury shall consider but is not limited to the following:
     (1) deprivation of the expectation of pecuniary benefits to the beneficiary or beneficiaries, without regard to age thereof, that would have resulted from the continued life of the deceased and without regard to probable accumulations or what the deceased may have saved during the lifetime of the deceased;

     (2) loss of contributions for support;

     (3) loss of assistance or services irrespective of age or relationship of decedent to the beneficiary or beneficiaries;

     (4) loss of consortium;

     (5) loss of prospective training and education;

     (6) medical and funeral expenses.

 (d) The death of a beneficiary or beneficiaries before judgment does not affect the amount of damages recoverable under this section.

 (e) The right of action granted by this section is not abated by the death of a person named or to be named the defendant.

 (f) A person whose act or omission constitutes the felonious killing of another person may not recover damages for the death of that person either directly or as a personal representative of that person's estate. In this subsection, a felonious killing means a crime defined by AS 11.41.100  11.41.140.

Sec. 09.10.055. Statute of repose of 10 years. (a) Notwithstanding the disability of minority described under AS 09.10.140 (a), a person may not bring an action for personal injury, death, or property damage unless commenced within 10 years of the earlier of the date of (1) substantial completion of the construction alleged to have caused the personal injury, death, or property damage; however, the limitation of this paragraph does not apply to a claim resulting from an intentional or reckless disregard of specific project design plans and specifications or building codes;

(a) Except as provided under (c) of this section, if a person entitled to bring an action mentioned in this chapter is at the time the cause of action accrues either (1) under the age of majority, or (2) incompetent by reason of mental illness or mental disability, the time of a disability identified in (1) or (2) of this subsection is not a part of the time limit for the commencement of the action. Except as provided in (b) of this section, the period within which the action may be brought is not extended in any case longer than two years after the disability ceases.

Sec. 09.10.065. Commencement of actions for acts constituting sexual offenses. (a) A person may bring an action at any time for conduct that would have, at the time the conduct occurred, violated provisions of any of the following offenses: (1) felony sexual abuse of a minor; (2) felony sexual assault; (3) unlawful exploitation of a minor; (4) felony sex trafficking; or (5) felony human trafficking. (b) Unless the action is commenced within three years of the accrual of the claim for relief, a person may not bring an action for conduct that would have, at the time the conduct occurred, violated the provisions of any of the following offenses: (1) misdemeanor sexual abuse of a minor; (2) misdemeanor sexual assault; (3) incest; or (4) felony indecent exposure.

Sec. 09.10.055. Statute of repose of 10 years. (a) Notwithstanding the disability of minority described under AS 09.10.140 (a), a person may not bring an action for personal injury, death, or property damage unless commenced within 10 years of the earlier of the date of (1) substantial completion of the construction alleged to have caused the personal injury, death, or property damage; however, the limitation of this paragraph does not apply to a claim resulting from an intentional or reckless disregard of specific project design plans and specifications or building codes; in this paragraph, “substantial completion” means the date when construction is sufficiently completed to allow the owner or a person authorized by the owner to occupy the improvement or to use the improvement in the manner for which it was intended; or (2) the last act alleged to have caused the personal injury, death, or property damage. (b) This section does not apply if (1) the personal injury, death, or property damage resulted from (A) prolonged exposure to hazardous waste; (B) an intentional act or gross negligence; (C) fraud or misrepresentation; (D) breach of an express warranty or guarantee; (E) a defective product; in this subparagraph, “product” means an object that has intrinsic value, is capable of delivery as an assembled whole or as a component part, and is introduced into trade or commerce; or (F) breach of trust or fiduciary duty; (2) the facts that would give notice of a potential cause of action are intentionally concealed; (3) a shorter period of time for bringing the action is imposed under another provision of law; (4) the provisions of this section are waived by contract; or (5) the facts that would constitute accrual of a cause of action of a minor are not discoverable in the exercise of reasonable care by the minor's parent or guardian. (c) The limitation imposed under (a) of this section is tolled during any period in which there exists the undiscovered presence of a foreign body that has no therapeutic or diagnostic purpose or effect in the body of the injured person and the action is based on the presence of the foreign body.

A person may not commence an action under this section more than two years after the person discovers or reasonably should have discovered that the loss resulted from an act or practice declared unlawful by AS 45.50.471 .

for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwise; (3) for taking, detaining, or injuring personal property, including an action for its specific recovery; (4) upon a statute for a forfeiture or penalty to the state; or (5) upon a liability created by statute, other than a penalty or forfeiture; unless the action is commenced within two years of the accrual of the cause of action.

Except as otherwise provided by law, a person may not bring an action (1) for libel, slander, assault, battery, seduction, or false imprisonment, (2) for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwise; (3) for taking, detaining, or injuring personal property...unless commenced within two years.

Sec. 12.10.010. General time limitations. (a) Prosecution for the following offenses may be commenced at any time: (1) murder; (2) attempt, solicitation, or conspiracy to commit murder or hindering the prosecution of murder; (3) felony sexual abuse of a minor; (4) sexual assault that is an unclassified, class A, or class B felony or a violation of AS 11.41.425 (a)(2)  (4); (5) a violation of AS 11.41.425 , 11.41.427, 11.41.450  11.41.458, AS 11.66.110  11.66.130, or former AS 11.41.430 , when committed against a person who, at the time of the offense, was under 18 years of age; (6) kidnapping; (7) distribution of child sexual abuse material in violation of AS 11.61.125 ; (8) sex trafficking in violation of AS 11.66.110  11.66.130 that is an unclassified, class A, or class B felony or that is committed against a person who, at the time of the offense, was under 20 years of age; (9) human trafficking in violation of AS 11.41.360 or 11.41.365.

(a) Except as otherwise provided by law, a person may not bring an action (1) for libel, slander, assault, battery, seduction, or false imprisonment, (2) for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwise; (3) for taking, detaining, or injuring personal property, including an action for its specific recovery; (4) upon a statute for a forfeiture or penalty to the state; or (5) upon a liability created by statute, other than a penalty or forfeiture; unless the action is commenced within two years of the accrual of the cause of action.

Except as otherwise provided by law, a person may not bring an action (1) for libel, slander, assault, battery, seduction, or false imprisonment, (2) for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwise; (3) for taking, detaining, or injuring personal property, including an action for its specific recovery; (4) upon a statute for a forfeiture or penalty to the state; or (5) upon a liability created by statute, other than a penalty or forfeiture; unless the action is commenced within two years of the accrual of the cause of action.

Except as otherwise provided by law, a person may not bring an action ... (3) for taking, detaining, or injuring personal property, including an action for its specific recovery ... unless commenced within two years.

Sec. 09.10.050. Certain property actions to be brought in six years. Unless the action is commenced within six years, a person may not bring an action for waste or trespass upon real property. Sec. 09.10.053. Contract actions to be brought in three years. Unless the action is commenced within three years, a person may not bring an action upon a contract or liability, express or implied, except as provided in AS 09.10.040 , or as otherwise provided by law, or, except if the provisions of this section are waived by contract.

Except as provided under (f) of this section and AS 09.65.145 , when the death of a person is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action, had the person lived, against the latter for an injury done by the same act or omission. The action shall be commenced within two years after the death, and the damages therein shall be the damages the court or jury may consider fair and just. The amount recovered, if any, shall be exclusively for the benefit of the decedent's spouse and children when the decedent is survived by a spouse or children, or other dependents.

The discovery rule tolls the usual two-year statute of limitations and prevents the limitations period from starting to run until the plaintiff discovers, or reasonably should discover, the existence of all elements of his cause of action. We adopted the discovery rule to protect plaintiffs from losing their cause of action when they have an injury that remained undiscovered or reasonably undiscoverable for longer than the limitations period.

Alaska imposes a single three-year statute of limitations on any action upon a contract or liability, whether express or implied, under AS 09.10.053. Alaska does not differentiate written from oral contracts for SOL purposes. The only longer period for a writing is AS 09.10.040's 10-year rule for actions upon a sealed instrument or upon a judgment/decree, which is a narrow category and does not encompass ordinary written contracts. The research subject's premise that AS 09.10.050 supplies a 6-ye

Alaska imposes a two-year statute of limitations on general personal-injury and tort actions pursuant to AS 09.10.070(a)(2), which bars actions 'for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwise' unless commenced within two years of the accrual of the cause of action. The same two-year period applies under AS 09.10.070(a)(1) to libel, slander, assault, battery, seduction, and false imprisonment, and under AS 09.10.070

Alaska imposes a 10-year statute of repose for construction-related personal injury, death, or property damage actions, measured from the earlier of substantial completion of the construction or the last act alleged to have caused the harm, subject to enumerated exceptions and a tolling rule for undiscovered foreign bodies. This paraphrases the verbatim text of AS 09.10.055 above; the verbatim controls.

Under AS 45.50.531(f), a private action under Alaska's Unfair Trade Practices and Consumer Protection Act (the private right of action created by AS 45.50.531 for violations of AS 45.50.471) must be commenced within two years after the plaintiff discovers, or reasonably should have discovered, that the loss resulted from the unlawful act or practice (discovery rule).

Under AS 09.10.065(a), a civil plaintiff may bring an action at any time for conduct that would have constituted felony sexual abuse of a minor (and the other enumerated felony offenses), with no statute of limitations. Under AS 09.10.065(b), conduct that would have constituted the enumerated misdemeanor-level sexual offenses is subject to a three-year limitation from accrual. Childhood sexual abuse claims grounded in conduct meeting the felony sexual abuse of a minor element fall under subsecti

Under Alaska Stat. § 09.10.070(a)(2), an action for personal injury or death, or injury to the rights of another not arising on contract, must be commenced within two years of the accrual of the cause of action. The same section covers libel/slander/assault/battery/seduction/false imprisonment (a)(1), property torts (a)(3), and statutory liabilities (a)(4)-(5) at the same 2-year limit.

Under AS 12.10.010(a)(1), murder is enumerated as an offense for which 'Prosecution ... may be commenced at any time.' Alaska imposes no statute of limitations on murder prosecutions. Subsection (b) sets general periods (10 years for specified violent felonies under AS 11.41.120–11.41.330 and related statutes; 5 years for any other offense), but subsection (a) carves murder out entirely from any time limitation. This no-limitation rule applies to first-degree murder (AS 11.41.100) by virtue of t

Statute of limitations for personal injury in US-AK is 2 years under Alaska Stat. § 09.10.070(a)(2).

Statute of limitations for breach written contract in US-AK is 3 years under AS 09.10.053.

Statute of limitations for consumer fraud deceptive trade practices in US-AK is 2 years under AS 45.50.531(f).

Statute of limitations for construction defects in US-AK is 10 years under AS 09.10.055.

Statute of limitations for wrongful death in US-AK is 2 years under AS 09.55.580.

Statute of limitations for medical malpractice in US-AK is 2 years under AS 09.10.070.

Statute of limitations for legal malpractice in US-AK is 2 years under AS 09.10.070.

Statute of limitations for product liability in US-AK is 2 years under AS 09.10.070.

Statute of limitations for premises liability in US-AK is 2 years under AS 09.10.070.

Statute of limitations for breach oral contract in US-AK is 3 years under AS 09.10.053.

Statute of limitations for fraud in US-AK is 2 years under AS 09.10.070.

Statute of limitations for libel in US-AK is 2 years under AS 09.10.070.

Statute of limitations for slander in US-AK is 2 years under AS 09.10.070.

Statute of limitations for property damage in US-AK is 2 years under AS 09.10.070.

Statute of limitations for ucc sale of goods in US-AK is 4 years under AS 45.02.725.

Statute of limitations for trespass in US-AK is 6 years under AS 09.10.050.

Under AS 09.10.070(a)(3), an action for taking, detaining, or injuring personal property must be commenced within two years of the accrual of the cause of action.

An action on a written contract is governed by AS 09.10.053, which sets a 3 years limitations period for actions on written contracts.

An action for libel (written defamation) in Alaska must be commenced within two years of the accrual of the cause of action under AS 09.10.070(a).

A 42 U.S.C. Section 1983 civil rights claim arising in Alaska borrows the state's personal-injury limitations period and must be commenced within two years under AS 09.10.070(a).

When the cause of action accrues against a person who is out of the state or concealed in the state, the action may be commenced within the periods provided in this chapter after that person returns to the state or when the concealment ceases. If a person departs from the state or conceals one's person after the cause of action accrues, the time of absence or concealment is not part of the time limited for the commencement of the action.

Except as provided under (c) of this section, if a person entitled to bring an action mentioned in this chapter is at the time the cause of action accrues either (1) under the age of majority, or (2) incompetent by reason of mental illness or mental disability, the time of a disability identified in (1) or (2) of this subsection is not a part of the time limit for the commencement of the action.

Statute of limitations for medical malpractice in Alaska

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