What is the wrongful death statute of limitations in Washington? Generally, you have three years to file a lawsuit under the wrongful death statute of limitations in Washington. However, some exceptions may apply.
Sit down with a Washington wrongful death lawyer today to see how the statute of limitations will apply to your unique situation.
The Statute of Limitations in a Washington Wrongful Death Case May Vary
With very few exceptions, all criminal or civil cases come with a statute of limitations limiting the time you have to file a lawsuit for wrongful death. This limitation encourages victims to make a claim sooner rather than later, when gathering adequate evidence may be more challenging.
An essential consideration in your statute of limitations is from whom you are seeking damages. While the state of Washington does not distinguish between private and government agencies, government immunity in wrongful death claims is common, and federal cases may face a statute of limitations as short as six months.
Medical Malpractice
If a negligent medical professional caused the unnecessary death of your loved one, your claim may be considered medical malpractice. According to RCW 4.16.350, this allows three years from the date of death in typical circumstances, although this may vary based on the specific situation.
Delayed Identification of Negligence
While the general statute of limitations allows for three years to file a claim, this may vary if you are unaware that the death was caused by negligence. In some instances, you may have a year to sue after the time you discover or should have discovered that negligence caused the death. This is also commonly referred to as the discovery rule.
For example, if you discover the death was from negligence two years and six months after the death, you may have an additional 12 months from the date of discovery to seek damages, which exceeds the initial three years.
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A Wrongful Death Attorney May Utilize Tolling to Extend Your Statute of Limitations Claims
Tolling is a legal term that refers to the delay of the statute of limitations clock. These are very situation-dependent, and not every situation is eligible for tolling. However, Chapter 4.16 establishes the limitation of actions, and some of the factors that may stall the expiration of the statute of limitations:
- If the accused is absent from the state, or trying to hide in the state of Washington
- If you are disabled to the extent that you are unable to file a claim
- If the representative of the deceased dies, their personal representative may be able to commence a claim if the cause of action survives
- Your statute of limitations may be eligible for tolling if the responsible party is a citizen of a country currently at war with the United States.
- If the responsible party is active military, the statute of limitations may be tolled for the duration of deployment
- The court may determine it appropriate to toll the statute of limitations, and may intervene
If you believe your situation may warrant tolling, it is often advisable to consult with an attorney. There is no reason to miss your ability to recover damages and hold negligent behavior accountable simply because you were unaware of your options to get more time.
The Statute of Limitations is a Critical Resource to Prepare Your Wrongful Death Case
Three years may seem like a lot of time, and it can be. However, it’s also critical to use that time to investigate and prepare your case. Much of any lawsuit is investigation and negotiation. In many ways, wrongful death and personal injury are the same as negligence, in that you must provide evidence of negligence, and adequate negotiation can be a lengthy process.
Some of the critical pieces of evidence include medical records. To gain an accurate understanding of the overall cost and impact of your loved one’s death, or if you are pursuing a survival action (4.20.046), you may need to wait for final bills and reports to arrive, which may take several weeks.
Negotiations
In many cases, the insurance company or entity facing liability in this kind of case often wants to avoid going to court. A trial can be time-consuming and costly. Additionally, a judge can be unpredictable in their ruling, ordering a much higher amount in damages than you would have asked for.
The negotiation process can take months to work through, but as the end of your statute of limitations comes closer, you may lose leverage if they don’t think you will pursue it in court. Further, you may feel added pressure to accept a lower-than-fair settlement amount if you are also trying to avoid the inconvenience of a trial.
Make the Most of Your Statute of Limitations
Speaking with an attorney is likely a good idea at any point in your case, but the sooner you do, the more we can do to intervene and support your case. When you work with a Sigfried & Jensen attorney, we can help you make the most of the time you have to act, whether this involves quickly identifying the necessary evidence or promptly and accurately filing paperwork to prevent unnecessary delays.
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Siegfried & Jensen Can Keep You from Wasting Your Statute of Limitations
The time after losing a loved one is often a blur of trying to get paperwork in order, keep your life together, and just going through the motions to move forward. At Siegfried & Jensen, we can work on your behalf to take advantage of the passing statute of limitations, so you don’t have to.
No amount of money will bring back your loved one, but recovering compensation may provide you with a financial cushion that reduces the burden and allows you to focus on grieving and finding your new normal. We offer free case consultations to help you find the next step forward. Call us today.
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