Alaska Statutes
Alaska Stat. § 09.17.010 (2026)
Noneconomic damages
✓ current as of July 2026
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Sec. 09.17.010. Noneconomic damages.
(a) In an action to recover damages for personal injury or wrongful death, all damage claims for noneconomic losses shall be limited to compensation for pain, suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, loss of consortium, and other nonpecuniary damage.
(b) Except as provided under (c) of this section, the damages awarded by a court or a jury under (a) of this section for all claims, including a loss of consortium claim, arising out of a single injury or death may not exceed $400,000 or the injured person's life expectancy in years multiplied by $8,000, whichever is greater.
(c) In an action for personal injury, the damages awarded by a court or jury that are described under (b) of this section may not exceed $1,000,000 or the person's life expectancy in years multiplied by $25,000, whichever is greater, when the damages are awarded for severe permanent physical impairment or severe disfigurement.
(d) Multiple injuries sustained by one person as a result of a single incident shall be treated as a single injury for purposes of this section.
(a) In an action to recover damages for personal injury or wrongful death, all damage claims for noneconomic losses shall be limited to compensation for pain, suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, loss of consortium, and other nonpecuniary damage.
(b) Except as provided under (c) of this section, the damages awarded by a court or a jury under (a) of this section for all claims, including a loss of consortium claim, arising out of a single injury or death may not exceed $400,000 or the injured person's life expectancy in years multiplied by $8,000, whichever is greater.
(c) In an action for personal injury, the damages awarded by a court or jury that are described under (b) of this section may not exceed $1,000,000 or the person's life expectancy in years multiplied by $25,000, whichever is greater, when the damages are awarded for severe permanent physical impairment or severe disfigurement.
(d) Multiple injuries sustained by one person as a result of a single incident shall be treated as a single injury for purposes of this section.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 2011–2025 · leading case: Dutton v. Rando, 204 A.3d 284 (N.J. Super. Ct. App. Div. 2019).
Dutton v. Rando, 204 A.3d 284 (N.J. Super. Ct. App. Div. 2019). “These fifteen states, including New Jersey, that restrict recovery for non-pecuniary loss in wrongful death actions represent the minority legislative approach.”
Est. of Vandam v. Daniels, 278 F.R.D. 415 (S.D. Ind. 2011). “Code § 11-93-2; Alaska Stat. § 09.17.010 ; Colo.Rev.Stat.”
Lindfors v. State Farm Mut. Auto. Ins. Co. (D. Alaska 2022). “85 Docket 100 at 9, 11 (quoting Alaska Stat. § 09.17.010 (a)). 86 Docket 100 at 10 (citing 03.”
Stacie Cavner, Apps/x-resps v. Cont'l Motors Inc., Resp/x-app (Wash. Ct. App. 2019). “Compare Alaska Stat. § 09.17.010 (capping noneconomic damages in personal injury cases resulting in severe permanent physical impairment or disfigurement to $1 million or $25,000 multiplied by the person's life expectancy, whichever is greater), with Sofie v.”
Mary C. Dutton, Etc. Vs. Stephen v. Rando (l-6051-13, Atl. Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “See Alaska Stat. § 09.17.010 (a); Ark. Code Ann.”
Warnke v. United States (D. Alaska 2025). “Alaska Stat. § 09.17.010 (a). Plaintiff has 15 the burden of “providing some reasonable basis upon which” the fact finder can 16 “estimate with a fair degree of certainty the probable loss” and make “an intelligent 17 determination of the extent of this loss.”
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