The car accident statute of limitations in Washington is usually three years. That deadline refers to how long you have to file a claim to recover compensation for the financial and personal costs of your injuries. It is a complicated process, but a Washington personal injury lawyer can guide you through it, doing much of the detailed work that a successful claim requires.
A statute of limitations is a “deadline” or time limit for filing a lawsuit. If you exceed the deadline, you may not be able to claim any compensation.
Exceptions to the Car Accident Statute of Limitations in Washington
There are some exceptions to the statute of limitations that may apply in certain cases. They are primarily related to whether you could move ahead with a lawsuit.
For example, here are some reasons why the deadline may be different in your situation:
- A minor cannot file a claim on their own behalf, so the statute of limitations does not apply until they turn 18.
- A person who is unconscious would be unable to move ahead with litigation on their own.
- Someone who has suffered a severe traumatic brain injury may be incapacitated to the point where they cannot act on their own behalf.
However, these exceptions do not mean that family members and advocates cannot move ahead with a case. If a minor is hurt, their parent or guardian can act on their behalf. If an adult is incapacitated or has died, their closest family members can initiate legal action.
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Understanding the Purpose of the Car Accident Statute of Limitations in Washington
Washington statute RCW 4.16.080 provides all the legal details surrounding the car accident statute of limitations in Washington. The idea behind these deadlines is that people who have been harmed should be able to claim compensation. However, it is unfair to sue people so long after an accident that they no longer have access to evidence that might show their innocence.
How the Car Accident Statute of Limitations Affects Your Approach to a Lawsuit
The statute of limitations means that you must file before your time is up. Trying to file very shortly before that deadline presents various complications. For example, your lawyer may not have time to investigate your case properly.
Besides this, time-sensitive evidence that may have supported your case may no longer be available. Witnesses’ contact details may have changed, or CCTV footage showing the at-fault driver behaving erratically before your crash may have been destroyed.
Additionally, getting a lawyer as soon as possible after your accident improves your chances of winning your case. However, if there were reasons why you could not get legal help without delay, a strong lawyer may still be able to assist.
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Getting a Longer-Term Medical Prognosis Is Not an Obstacle to Getting a Lawyer
One of the reasons for the car accident statute of limitations in Washington is that it can take time for doctors to fully assess the consequences of your injuries. It may be impossible to calculate what medical costs will be yet, but a lawyer can prepare other aspects of the case.
While they wait for medical opinions, lawyers can work on questions like investigating fault. This determines which parties will be liable to pay your settlement. You can still pursue a car accident claim if you were partially at fault.
However, your compensation will be reduced by your percentage of fault. A good lawyer will work to ensure that any finding is fair to their client. When doctors are ready to give their opinions on your health, your lawyers will be ready to file.
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What Happens if the Case has been Filed in Time, But the Settlement is Not Finalized by the Deadline?
The car accident statute of limitations in Washington only sets a deadline for filing suit. You can still get a settlement after that date. However, the important implication is that you will need to file against the correct parties.
If it turns out that people other than those you have sued are liable, and your case has passed the statute of limitations, you would not be able to file a new case. With a good lawyer to help you, there is little likelihood of this happening, but it bears mentioning.
Few people realize just how much effort lawyers put into car accident investigations. For instance, they need skill and knowledge to know how fault is determined in a multi-vehicle accident. This takes a little time, another reason to act as fast as possible after your accident.
Regardless of What the Car Accident Statute of Limitations in Washington Is, Discuss Your Case with a Lawyer
The sooner you speak to a car accident lawyer about your case, the sooner you will know whether you can expect compensation, and the sooner they can begin working as your representative. With so much at stake, there is no real reason to delay.
If the Washington car accident statute of limitations has expired but you were unable to act sooner, get a lawyer’s opinion on whether you can still file. At Siegried & Jensen, we have decades of experience helping clients involved in car accidents. We know how to get victims what they need.
Schedule a free consultation with our team to find out where you stand today.
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