The personal injury statute of limitations in Washington is usually three years from the date of the accident in which you were hurt. There are some exceptions to this rule, but in general, attempting to file after the three-year deadline means your case will not be accepted. If you need advice on filing a lawsuit, consult our Washington personal injury lawyer.
Examples of Exceptions to Washington’s Three-Year Statute of Limitations
There are times when people are not aware they have severe injuries until symptoms make themselves felt. Since you did not know you were injured, you would have had no reason to file a claim sooner. These cases can be very complicated and may include medical malpractice claims.
If you were a minor at the time of an accident that caused lasting injuries, your three-year statute of limitations only begins to count down from your 18th birthday. Also, people who were incapacitated, for example, those who were in a coma, would be unable to file a lawsuit, and the statute of limitations is adjusted accordingly.
Claims against government entities usually have a much shorter statute of limitations, at least for giving formal notice that you intend to file. Once you have done this, you will generally be allowed time to undertake the process.
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Types of Injuries to Which the Three-Year Statute of Limitations Applies
Washington’s three-year statute of limitations for personal injury is stated in RCW 4.16.080. It applies to injuries that were incurred due to accidents. In other words, no one was deliberately trying to harm you, but they caused an accident by being careless or reckless.
Types of accidents this applies to include:
- Car accidents
- Truck accidents
- Bus accidents
- Motorcycle accidents
- Pedestrian accidents
- Construction accidents
- Product liability
- Slips and falls or other property liability cases
- Dog bite cases
As lawyers, we advise you to be aware of the personal injury statute of limitations in Washington and to get help from a lawyer as soon as possible after your accident. Remember, some of the evidence that supports your claim may be time-sensitive. For example, CCTV footage is not usually kept for very long.
Why there is a Personal Injury Statute of Limitations in Washington
You may wonder why the personal injury statute of limitations in Washington exists. It is there to protect defendants against long-dormant cases suddenly being revived. If a long time has passed, they may no longer have access to evidence they could otherwise have used in their defense.
At the same time, three years is believed to be enough time for plaintiffs to pursue their cases and achieve a reasonable settlement. As we have seen, there is some provision for cases in which it would have been impossible for plaintiffs to file.
The idea behind statutes of limitations originated in Classical Athens. The laws providing for a statute of limitations were passed to protect people against so-called “professional accusers ” who attempted to sue people for profit.
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How to Know if You have a Case Qualifying You to File a Lawsuit within the Three-Year Period
When considering the personal injury statute of limitations in Washington, you may also find yourself wondering how to identify if you have a personal injury claim. A lawyer can advise you, but the basic principles are as follows:
- A person or organization had a duty of care towards you. In other words, they should have been careful to avoid taking risks that might hurt you.
- Because they did not observe their duty of care, an accident occurred.
- The accident they caused resulted in your injuries.
Together, these three elements combine in the determination of fault. If more than one party was at fault, they would each pay compensation based on their percentage of fault. If you were partly at fault, your compensation is reduced by your share of fault in accordance with the provisions of RCW 4.22.
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How to Strengthen Your Case After an Accident
It helps to get a lawyer working on your case long before the statute of limitations deadline. Do remember that waiting complicates your case, and situations like these mean you need a personal injury lawyer more than ever. In fact, if you have been badly hurt, it is always wisest to get professional help.
Your lawyer will help ensure that you follow your medical team’s instructions, which is another way to strengthen your case. If you give lawyers for the defendant’s cause to believe you may have made your own injuries worse, you may not recover all your medical costs.
Finally, maintain confidentiality. Do not discuss your accident or injuries with insurance company agents, and do not post about your accident on social media. You are likely not aware of how social media can affect your personal injury claim. You may inadvertently give insurance company adjusters reasons to argue against your settlement.
The Need to Determine the Consequences of Your Injuries Does Not Affect the Statute of Limitations
In the weeks or months after your accident, doctors may be hesitant to predict what the longer-term effects of your injuries may be. Since this affects your compensation, you may think it is too soon to get a lawyer. It is not.
Although they may have to wait for a clearer prognosis, your attorney can begin work on your case. As soon as expert witnesses are ready to forecast your future medical needs, we will be ready to file your lawsuit. This may help you to avoid exceeding the statute of limitations and help ensure a strong case is prepared.
Get All the Answers to Your Personal Injury Questions When You Consult Us
Questions about the personal injury statute of limitations in Washington may only be the first of your questions. To get clarity on whether you have a case and, if so, what compensation you can hope to recover, you should consult an experienced personal injury lawyer.
At Siegfried & Jensen, we’ve recovered more than $1.2 billion for our clients. Our seasoned team is ready to provide you with a free and knowledgeable case assessment. Simply call us or fill out the contact form. We will answer as many of your questions as we can, and we may offer to represent you on a no-win, no-fee basis.
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