What is the personal injury statute of limitations in Washington? In most cases, you have three years to file a lawsuit under the statute of limitations in Washington, but there are exceptions to the general rule.
This is quite a complex area, and we will try to explain it. If you are ever unsure about how the statute of limitations applies to you, you should consult a Seattle personal injury lawyer. Your case and the events that occurred after your accident may impact the timeframe for filing claims.
How Statutes of Limitation Work And Why They Are Implemented
Every state has deadlines for victims who want to claim damages after an accident. The statute of limitations indicates how long you have to begin legal proceedings. The lawsuit itself does not have to be settled by the deadline, but your claim must be filed before it is reached.
The idea behind any statute of limitations is that people should initiate lawsuits within a reasonable timeframe. If they wait too long, it may become more difficult to find evidence and witnesses. Statutes of limitations also prevent people from filing lawsuits without a legitimate reason. For example, they just want to frighten or intimidate somebody.
When you think about what the personal injury statute of limitations in Washington is, you also need to consider when the countdown begins. In most cases, it starts on the date of the accident. Exceptions account for some of the differing timeframes in Washington’s personal injury statute of limitations.
For a free legal consultation , call (253) 627-4696
Personal Injury Statute of Limitations for Different Types of Harm
Understanding what the personal injury statute of limitations in Washington is in your case depends on the type of injury and whether it was intentionally or unintentionally inflicted. For example, our Seattle car accident lawyer knows that most injuries are unintentional.
Statute of Limitations for Injury Through Negligence
When a person is negligent, it means that they were careless. They did not mean to hurt someone else, but they should have known that their action or lack of action could be dangerous.
Usually, this means a three-year deadline from the date of the accident as stated in RCW 4.16.080: Actions limited to three years. Examples include:
- Car, truck, or pedestrian accidents
- Motorcycle or bicycle accidents
- Premises liability claims
- Slips, trips, and falls
- Wrongful death caused by negligence
Accidents like this occur because a person who had a duty of care failed to take steps to prevent an accident. Because they neglected to do so, someone was injured. This makes them liable, and they must compensate the victim of their carelessness.
Other Personal Injury Statutes of Limitations
If a person meant to harm you and then went ahead and did so, they were not negligent. Instead, they have intentionally caused an injury. In most instances, this means a two-year statute of limitations. This applies to cases like:
- Assault and battery
- False imprisonment
- Defamation (spreading lies that harm you)
As our Washington medical malpractice lawyer is aware, medical malpractice cases have a three-year statute of limitations; however, people often do not notice something is wrong until later on. In this case, they have one year from the date of discovery to file. This gives them extra time in case the three-year limit does not provide sufficient time to act.
Exceptions to the Personal Injury Statute of Limitations in Washington
Exceptions are captured in RCW 4.16.190: Statute tolled by personal disability. In essence, if you were unable to file for very real reasons, you can file later than would ordinarily be allowed. According to the personal injury statute of limitations in Washington, this may include:
- You were a minor at the time and could not have filed on your own behalf. Your clock starts ticking when you turn 18
- You were unable to file a claim because you were incapacitated. For example, you were in a coma
- You were imprisoned and, therefore, unable to file a claim
- The person responsible for your injuries was not in a position in which you could reasonably have filed a claim against them
Although the statute of limitations in Washington appears to be very rigid, courts are willing to listen to valid reasons why you could not file in time. Regardless of the exception, the countdown begins as soon as your reason for not being able to file ends.
What Is the Personal Injury Statute of Limitations in Washington, When a Government Agency Is Involved
It can be tough to sue government agencies as they are protected by sovereign immunity. When your claim is recognized as valid, the time you have to file is much shorter. In some instances, you may have as little as sixty days. In others, the statute of limitations stretches to three months or a year.
Suing the government is not an easy task, and you will need a highly skilled lawyer to do so successfully. However, there are instances when claims involving the government are much simpler. For example, if a government agency contracts a company to do work, the contractor is liable.
An experienced personal injury lawyer can unravel these complexities, helping accident victims recover the compensation they deserve. When you sue for damages after being injured on government property, you need great lawyers. Puget Law Group was voted the top three best in the Northwest.
Whether it Is a Late Claim or a Timely One, Puget Law Group May Be Able to Help You
Even when you know what the personal injury statute of limitations in Washington is and think you may have exceeded it, Puget Law Group can advise you. If you have been injured, rely on us for strong legal guidance, transparency, and exceptional representation.
Our team possesses an in-depth understanding of the law, and the successes we have achieved for our clients have established our reputation. Call us today and discover how our team can help you win your personal injury claim.
Click to contact our criminal defense lawyers today (253) 627-4696
