Understanding Statute of Limitations for Personal Injury Claims in Washington
If you or a loved one was in a car accident that led to injury, or worse yet, death, the aftermath can be filled with trying times as you attempt to heal both physically and emotionally.
As you juggle medical concerns, financial burdens, and the looming question of whether to pursue legal action, it’s important to know what the statute of limitations is for filing a personal injury claim in Washington. Below, we’ll outline everything you need to know to help guide your decision-making and understand what the implications might be for your case.
What Are the Statutes of Limitations?
If you’re unfamiliar with this legal term, the statute of limitations refers to the legal timeframe in which you are able to take legal action for a specific incident. This generally starts on the date of the injury or accident. After this period has passed, the court may dismiss your case and prevent you from seeking compensation through the legal system.
States often impose a statute of limitations to support timely and fair resolutions, both for the defendants and plaintiffs. The specific length may vary between states and depending on the nature of the incident, among other factors.
What Is the Statute of Limitations for Personal Injury Cases in WA?
In the state of Washington, the statute of limitations for personal injury claims is generally three years.
Within three years after the date of the car crash, you must initiate legal proceedings for a personal injury claim. In other words, you don’t have an indefinite amount of time to file your claim after a car crash.
Are There Any Exceptions?
Though the general statute of limitations in Washington is three years, there are a number of exceptions that may be applicable in certain circumstances, which may lengthen or shorten this time frame accordingly.
Incidents Involving Minors
If the injury involves a minor, the statute of limitations may not begin until that individual turns 18. So, they typically have up to three years after their eighteenth birthday to file a personal injury claim, no matter when the incident actually happened.
Discovery Rule
If accident-related injuries do not appear immediately or slowly manifest over time, the statute of limitations for filing a personal injury claim may be extended by invoking the discovery rule. Washington recognizes this rule to account for the scenarios where the effects of the incident become evident only after some time has passed.
In these situations, the statute of limitations may begin on the date that you discovered or should have reasonably discovered the injury and determined the cause to be the car crash.
Claims Against Government Entities
In cases where you’re trying to file a personal injury claim against a government entity or employee, the statute of limitations is often much shorter than three years, sometimes only up to 60 days after the incident occurred.
Though the statute of limitations for making personal injury claims in Washington is three years, several exceptions may apply to your case, which can be tricky to navigate on your own. Speaking with an experienced personal injury lawyer at the Brumley Law Firm can help you understand how to best proceed after you or a loved one has been injured in a car crash.