If you were hurt in an accident caused by someone else’s negligence, you may be entitled to file a personal injury claim to recover your economic and non-economic damages. However, it is important to be aware that you only have a limited amount of time to file a legal action. Any claim for monetary recovery must be brought within Washington’s personal injury statute of limitations (SOL). It is crucial to understand the applicable timeline to ensure you receive the compensation you deserve.

What is Washington’s Personal Injury Statute of Limitations?

The Washington personal injury statute of limitations is a specified time frame set forth by law. It limits the amount of time you have to file a lawsuit for injuries sustained because of someone else’s negligence, carelessness, or recklessness. This includes claims for car crashes, slip and falls, trip and falls, dog bites, premises liability matters, motorcycle crashes, pedestrian accidents, and any other type of accident involving negligence. Most often the amount of time you have to commence a lawsuit is three years under the statute — the clock begins ticking on the date the accident occurred.

The purpose of the statute of limitations is to help ensure a lawsuit is brought before memories fade and evidence is destroyed. These deadlines promote timely investigation into an accident and reliable fact-finding. Having a timeframe in place also protects defendants from potentially frivolous claims being filed against them.

Are There Exceptions to Washington’s Personal Injury Statute of Limitations?

Although the three-year Washington personal injury statute of limitations is strict, there may be exceptions written into the law. If one of these exceptions applies in your case, the timeframe to bring a legal action for your injuries may be extended or modified. Consult an attorney in these instances rather than rely on potential exceptions.

Exceptions to the personal injury statute of limitations could include the following:

• Injured minors — The statute of limitations in personal injury matters is different for injured minors. If the victim was under 18 at the time the accident happened, the time frame to file a lawsuit can be “tolled,” or extended, until they reach the age of majority.
• Mentally incapacitated victim — If the accident victim is mentally incapacitated, the statute of limitations may be tolled until they regain legal capacity.
• Defendant’s absence from the state — If the defendant is outside the state or goes into hiding within the state, the timeframe to file a personal injury action against them may be extended until they return or end their concealment.
• Government claims — There are specific procedures and shorter statutes of limitation associated with personal injury claims against a government entity or agency. Typically, a formal notice of claim must be filed within at least 60 days before you can file a lawsuit in court. This effectively can shorten the statute of limitations.
• The discovery rule — In some cases, an injured person may not know right away that they have an injury. The discovery rule gives a plaintiff an opportunity to file a lawsuit after the statute of limitations has run out if they later find they have sustained an injury for example with a toxic exposure or medical malpractice. When the discovery rule applies, the clock does not begin ticking until the injury has been discovered or reasonably should have been discovered.

You should not rely on an exception to the statute of limitations. While each exception is highly fact-specific, they are not meant to be an alternative to acting promptly. It is best to consult with a knowledgeable personal injury attorney as soon as possible after an accident who can ensure your claim is timely filed.

What Happens if You Miss the Deadline?

If you fail to commence legal action within Washington’s personal injury statute of limitations, you could be forever barred from seeking the compensation you are rightfully entitled. This means you would lose the right to recover for your monetary losses, such as your medical bills and lost wages — as well as your pain and suffering damages — regardless how strong the evidence in your case is.

Unless an exception applies, any lawsuit must be brought before the statute of limitations expires. If you attempt to file a personal injury claim after this timeframe, your case would likely be dismissed.

It is essential not to wait too long to take legal action if you have been hurt in an accident. Not only do you risk the statute of limitations running out by delaying, but critical evidence could be lost or destroyed over time. Once you file a lawsuit, your attorney will know the necessary measures that must be taken to preserve key evidence in your case.

In addition to the statute of limitations, there might be other deadlines in your case. For example, you may be required to report the accident to the insurance company “promptly” to avoid your claim being denied. A skillful personal injury attorney can advise you regarding the applicable deadlines based on the facts and circumstances of your specific case.

Contact an Experienced Washington Personal Injury Attorney

If you sustained injuries in an accident caused by someone else’s negligence, an experienced personal injury attorney can help ensure you meet the statute of limitations in your case. The Bellingham personal injury attorneys at Robinson & Kole provide trusted counsel to accident victims throughout Washington State for a wide range of personal injury matters and work to obtain the best possible results in every case.

We welcome you to contact us for a free consultation by calling 360-671-8112 or by using our online contact form. Se habla Español.