When a person suffers an injury or harm due to someone else’s fault, they may be entitled to compensation. In the state of Washington, there is a specific time frame within which the injured party can file a personal injury lawsuit, known as the statute of limitations.
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Understanding Statute of Limitations
A statute of limitations is a law that sets a specified time frame for an injured party to file a lawsuit for damages. The purpose of this law is to ensure that legal claims are initiated promptly, and relevant evidence and testimony are not lost to time.
If you fail to file a lawsuit before the statute of limitations expires, you may be barred from receiving compensation for your injuries. Therefore, it’s essential to understand Washington’s statute of limitations for personal injury claims.
Statute of Limitations for Personal Injury Claims in Washington
In general, the statute of limitations for personal injury claims in Washington is three years from the date of the injury or harm. This applies to a wide range of personal injury cases, including:
- Car accidents
- Slip and fall accidents
- Defective product injuries
- Medical malpractice
- Assault and battery
- Dog bites
The clock begins ticking on the date the injury occurs, so it’s critical to act quickly and consult with an attorney if you believe you have a potential personal injury claim.
Exceptions to the Three-Year Rule
There are a few exceptions to Washington’s three-year statute of limitations for personal injury claims.
Discovery Rule
If the personal injury victim could not have reasonably discovered the injury or harm at the time it occurred, the statute of limitations clock "pauses" until the victim discovers the injury. For example, this could apply in a medical malpractice case where the victim only discovers the injury years after the treatment occurred.
Minors
In Washington, minors who suffer personal injuries have a longer statute of limitations. They have until their eighteenth birthday to file a personal injury claim.
Government Entities
If the injury occurred due to the negligence of a government entity or employee, the victim must file a claim with the entity or employee within three years of the injury. This claim is a legal requirement before filing a lawsuit.
Why the Statute of Limitations Matters
The statute of limitations serves several crucial purposes in a personal injury case. First, it acts as a check on frivolous or stale lawsuits. Second, it ensures that critical evidence and testimony are still available to be used in court. Finally, it facilitates a prompt resolution of disputes between the parties, which can be beneficial for all involved.
Conclusion
If you’ve suffered a personal injury due to someone else’s negligence, it’s crucial to act quickly. The statute of limitations for personal injury claims in Washington is only three years, and failure to file a lawsuit within this time frame may result in the loss of your right to compensation. If you have questions or need help with your personal injury case, consult with an experienced personal injury attorney who can guide you through the legal process.