Is There a Time Limit on a Personal Injury Claim in Washington State?

When it comes to any type of personal injury claim including slip and fall, nursing home abuse or medical malpractice, there are laws in each state that dictate a time limit for a prospective plaintiff to start a case in civil court; these laws are called “statute of limitations.”

Courts are not usually given the authority to extend the statute of limitations and will typically throw a case out as being “time-barred.” There are some exceptions to this rule, however. For example, if the injury caused by negligence or malpractice is not discovered until much later – and the person had no reasonable way to discover the injury at an earlier time – an exception might be granted to start the statute of limitations clock from the date of discovery. On the flip side, the laws are supposed to be fair; it is considered unconstitutional if a state’s statute of limitations immediately prevents an existing remedy or allows so little time that it deprives the injured person of a reasonable opportunity to bring a lawsuit. The statute of limitations is most often used by the defense team in an attempt to defeat an action from a plaintiff after the state’s statute of limitation has passed.

Statute of Limitations WA State: Personal Injury Claim

Injured persons must file their claim within Washington State’s statute of limitations. The statute of limitations varies by type of injury claim as follows:

• For personal injury claims the injured party has three years to file a claim against the defendant for negligent behavior that caused injuries or wrongful death from preventable accidents such as car crashes and slip and fall accidents. There is an exception made if the injured party was a minor child who may be granted a statute of limitations three years from their 18th birthday.
  
• For medical malpractice the injured person has three years from the date of the physician’s act or omission or one year from the date that the injury should have reasonably been discovered or whichever date is later (known as the discovery rule). No medical malpractice claim may be brought more than eight years after the act or omission.

What if I am not sure whether my personal injury case is within the statute of limitations?

Ideally, an injured person brings a personal injury claim within a year of the accident or error because it is within the statute of limitations and the closer to the incident the easier it is for a personal injury lawyer to build a case. If you discovered an injury outside of the state’s statute of limitations but you believe that an exception might be warranted, contact an experienced personal injury lawyer as soon as possible. He or she will review your circumstances and advise you about your legal rights.

The Seattle personal injury attorneys at Morrow Kidman Tinker Macey-Cushman, PLLC have years of experience representing families harmed by medical malpractice and other forms of negligence. We seek justice for people who have been harmed by preventable medical errors including birth injuries, hospital-acquired infections and wrongful death in Seattle and across Washington State. There are no fees or expenses to file a personal injury case as we only receive payment if we recover damages on your behalf. Do not delay; personal injury claims come with a Statute of Limitations, which means they must be filed within a certain time frame of the injury.

Call us now at (206) 752-4366 or contact us online to schedule a free consultation with one of our compassionate, experienced attorneys.