Injuries due to someone else’s negligence or recklessness are challenging and stressful. You will likely be dealing with physical pain and seemingly endless medical bills. Sometimes, your injuries may prevent you from working, which puts additional stress on you and your family.
It is important to understand your legal rights and options in this situation. Our Washington personal injury lawyer is here to help. We can explain your rights and help you file a claim within the statute of limitations.
The Statute of Limitations in Washington
In Washington, personal injury claims are subject to a general statute of limitations three years from the injury date. This means you have up to three years to file a lawsuit if you have been hurt in an accident. This time frame applies to most personal injury cases, including car accidents, slip-and-fall incidents, and other forms of negligence.
Specific Time Limits for Different Types of Personal Injury Claims
The statute of limitations for your claim may vary depending on the type of accident you were involved in.
Negligence Claims
The statute of limitations in Washington is three years for most personal injury claims based on negligence. Negligence occurs when someone fails to act with reasonable care, leading to another person’s injury. Examples include car accidents and slip-and-fall injuries.
Medical Malpractice Claims
Medical malpractice claims have specific time limits that can be slightly more complex. Generally, you have three years from the date of the malpractice or one year from the date you discovered the malpractice, whichever comes later. However, there is also a strict time limit of eight years from the date of the malpractice, regardless of when it was discovered.
Product Liability Claims
If a defective product has injured you, the statute of limitations is also three years. This time frame starts from the date of the injury or when you discovered (or should have discovered) that the defective product caused the injury.
Wrongful Death Claims
In the unfortunate event of a wrongful death, the statute of limitations in Washington is three years from the date of death. This allows the family of the deceased to seek justice and compensation for their loss.
Exceptions to the Statute of Limitations
There are some exceptions that exist, which can alter the amount of time you have to file a personal injury claim.
Discovery Rule
The discovery rule can extend the statute of limitations in certain cases. This rule applies when the injury or its cause is not immediately apparent. For example, if you didn’t realize a medical error had occurred until years later, the clock starts ticking from the date you discovered (or should have discovered) the injury.
Claims Against Government Entities
If you are filing a claim against a government entity, you must first file a claim with the agency within a specified time (often 60 days) and wait 60 days before filing a lawsuit. The three-year statute of limitations still applies, but these additional steps may affect the clock.
Minors and Incompetents
Special provisions exist for minors and individuals deemed legally incompetent. The statute of limitations for minors usually starts when they turn 18. The clock may not start for legally incompetent individuals until they regain competency.
Fraudulent Concealment
If the defendant fraudulently concealed the injury or its cause, this could affect the statute of limitations. In such cases, the clock may start ticking only once the fraud is discovered.
Tolling of the Statute
Certain conditions can toll (pause) the statute of limitations. For example, if the injured party is a minor or mentally incapacitated, the clock may pause until they are legally able to pursue a claim.
Frequently Asked Questions
Common questions surrounding the statute of limitations by accident victims in Washington include:
How can an attorney help with my personal injury claim?
An experienced WA injury lawyer can help by evaluating your case, gathering evidence, negotiating with insurance companies, and ensuring your lawsuit is filed within the statute of limitations. They can guide you through the legal process and fight for the compensation you deserve.
Why is it important to act quickly if I have a personal injury claim?
Acting quickly ensures that you file within the statute of limitations and preserves critical evidence that could be lost over time. Additionally, witnesses’ memories can fade, and documentation may become more challenging to obtain as time passes.
Can the statute of limitations be extended?
The statute of limitations can be extended in very limited circumstances. For example, if the defendant leaves the state for a significant period, their absence may not count toward the three-year limit. However, these extensions are rare and case-specific.
How do I know when my statute of limitations starts?
The statute of limitations typically starts on the date of the injury. However, if the injury wasn’t immediately apparent, it begins when the injury was discovered or should have been reasonably discovered. Consulting with a PI lawyer in Washington can help clarify your specific situation.
What happens if you file a claim after the statute of limitations expires?
The court will likely dismiss your case, meaning you won’t have the opportunity to present your claim. This legal barrier is almost impossible to overcome.
Missing the deadline means losing your right to pursue legal action and any compensation you might have been entitled to. This can include medical expenses, lost wages, and pain and suffering. For this reason, you should act quickly and reach out to an injury attorney in WA as soon as possible after your accident.
Steps to Take if You Are Nearing the Statute of Limitations
If you are getting close to the end of the time limit that you have to take legal action, you should do the following:
Consulting with a Personal Injury Lawyer in Washington
If you’re nearing the statute of limitations, consult a personal injury attorney in Washington as soon as possible. A Washington PI attorney can help you understand the deadlines and decide your legal options. They can also review your case and ensure all necessary paperwork is filed correctly and promptly.
Gathering Evidence
Before the statute of limitations expires, gather as much evidence as possible. This can include medical records, witness statements, accident scene photographs, and other relevant documents. Comprehensive evidence will strengthen your case and make it easier for your lawyer to build a strong argument.
Filing the Claim
To ensure you don’t miss the deadline, start the process of filing your personal injury claim well before the statute of limitations runs out. Your lawyer will help you prepare and submit all necessary documents to the appropriate court.
Contact Our Injury Attorney in WA
If you find yourself close to the deadline, consult a Washington PI attorney immediately. They can provide the legal guidance you need to file your claim on time, gather essential evidence, and pursue the compensation you deserve.
Don’t wait until it’s too late. Reach out to our team at Bernard Law Group for a free consultation and get started on your case today. Our personal injury attorney in Washington is here to help you every step of the way.
