If you get involved in a harmful accident in Washington, filing a personal injury claim can allow you to hold someone accountable and recover financial compensation for your medical bills, lost wages and other losses. If you wish to file a claim, it is critical that you do so within Washington’s statute of limitations, or legal deadline for filing.
How Do Statutes of Limitations Work?
A statute of limitations is a law that sets a time window for when legal proceedings may be initiated after an event occurs. Once the filing period passes, the legal matter generally cannot be pursued. The purpose of a statute of limitations is to keep the justice system efficient by preventing claimants from waiting indefinitely to take legal action. It also keeps things just for both parties by encouraging prompt filing while important evidence is still available.
What Is the Statute of Limitations on a Personal Injury Claim in Washington State?
Each state has its own statutes of limitations on personal injury cases. Cases involving the federal or state governments may be subject to shorter timelines. In Washington State, the general statute of limitations related to many personal injury claims is three years from the date that the incident occurs. This deadline can apply to cases such as car accidents, dog bites and dangerous premises. The Revised Code of Washington Section 4.16.080 states:
- The following actions shall be commenced within three years:
- (2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated.
If this law applies to your case, then if you fail to file the paperwork to initiate a personal injury claim in Washington within three years of the date of your accident, your claim will be “time-barred,” meaning you will not be allowed to recover any damages. You must also properly serve the defendant(s) within the proper legal timeframe. Many cases, however, have different and distinct time limits. It is very important to consult with an attorney to confirm the timelines specific to your case.
Exceptions to the General Statute of Limitations
There are limited exceptions to the personal injury statute of limitations in Washington. Unique circumstances can shorten or extend the filing window. This is why it is essential to consult with a personal injury lawyer about your specific case as soon as possible, before your deadline passes.
Time limit exceptions in Washington include:
- The discovery rule: in general, the clock starts counting down on the date of the accident. In certain cases, if you do not discover your injuries right away, however, the clock can be “tolled,” or paused, until the date that you discovered or reasonably should have discovered your injuries using due diligence.
- Injured minors: In many cases, but not all, a minor child’s claim is tolled until majority or three years from their eighteenth birthday. A parent’s rights to recover their damages, payment for a child’s medical billing or their own related claims, are usually limited to three years from the incident.
- State government claims: if the defendant is a state governmental agency, the law requires that they be given notice of the tort claim before filing a lawsuit. It is very important to determine whether a potential defendant was working on behalf of a governmental agency early.
The above is general information about the tort statute of limitations in Washington State. It is not intended to be legal advice and may not apply to any specific case. The most reliable way to ensure that you do not miss your statute of limitations in Washington is to contact an attorney without delay. A lawyer can determine your specific deadline and file the paperwork to initiate a claim for you within your time window.