Statute of Limitations Issues
What is a “Statute of Limitations?”
This is a law, which essentially places a time limit on pursuing a legal remedy with regard to wrongful conduct. Once this statutory period expires, unless there is a legal exception, the injured person relinquishes the right to pursue his or her rights by filing a lawsuit to seek compensation or other relief or remedies.
Different kinds of statutes
However, it is important to remember that in Washington State, there is not one overarching statute of limitations. There are several statutes or laws that apply limitation periods to different types of civil actions. It is not easy for an average person to keep track of all these statutes. This is why, a car accident victim would be well-advised to seek the counsel of a competent personal injury lawyer, who can help determine which statute applies to the plaintiff’s particular situation.
Statute of Limitations in Car Accident Cases
In Washington State, the statute of limitations to file a car accident or personal injury claim is three years. However, there could be an exception in auto product liability cases. These are cases that involve a defective auto product such as tires, seatbelts, airbags or any other manufacturing or design defect in the vehicle that was involved in the car accident.
In such cases, the statute of limitations is three years from the date of injury or within three years of the date the injury was or reasonably should have been discovered. For example, in the recent Toyota sudden acceleration cases, most victims who suffered personal injuries as a result of car accidents caused by defective Toyotas only recently found out that their injuries were caused by faulty gas pedals. So they would get additional time to file an auto products liability claim against the auto maker.
The Discovery Rule
In some car accident cases, it is not that simple for the victim to discover the cause of injury or even to know that an injury has occurred. When such a situation arises, the “discovery rule” in Washington State permits a lawsuit to be filed within a certain period of time after the injury is discovered. This rule does not apply to all civil injuries. It is best to consult an experienced auto accident lawyer to help make this determination.
Tolling of the Statute of Limitations
Sometimes, it may be possible to stall the statute of limitations by “tolling” What this means is that the statute has been stalled for a period of time. Typically this happens when the injury victim is a minor. This could also occur when the victim is determined to be mentally incompetent or is in bankruptcy. Under Washington State law, a minor’s statute of limitations automatically starts up again after his or her 18th birthday.
IF YOU, OR A LOVED ONE, HAVE BEEN SERIOUSLY INJURED IN A CAR ACCIDENT IN WASHINGTON – CALL TODAY FOR A FREE CONSULTATION!
