If you’ve been injured in an accident in Washington State, it’s important to understand the statute of limitations that applies to filing a personal injury lawsuit. The statute of limitations refers to the timeframe you have under state law to take legal action after an accident.
3 Years to Take Legal Action
In Washington, the statute of limitations for filing a personal injury lawsuit is 3 years from the date of the injury or accident. This means you have 3 years to either settle your claim with the at-fault party’s insurance company or file a lawsuit against the responsible party. Failure to take action within this 3-year timeframe means you forfeit your right to recover compensation.
Exceptions that Pause or Extend the Statute
There are some exceptions that can pause or extend the statute of limitations. These include:
- Minors – The statute of limitations does not begin until a minor turns 18 years old. A parent or guardian may file a claim on a minor’s behalf to preserve their rights.
- Mental incompetence – If an injured person is deemed mentally incompetent, the statute of limitations does not start until competency is regained.
- Death – If a person dies from their injuries, the surviving family has 3 years from the date of death to file a wrongful death claim, even if it is beyond 3 years from the original accident date.
- Latent injuries – Some injuries, like asbestos exposure, may not manifest symptoms until years later. In these cases, the statute begins when the injury is discovered.
- Absence from the state – If the at-fault party leaves Washington, the statute may be paused until they return.
- Tolling agreements – The involved parties may agree in writing to temporarily pause the statute of limitations.
How the Statute Applies to Different Defendants
It’s also important to note the statute of limitations applies differently depending on the type of defendant:
- Private parties – 3 years from the date of injury.
- Government entities – Lawsuit notice must be filed within 60 days. You then have 3 years to file the actual lawsuit.
- Medical malpractice – Lawsuits must be filed within 3 years of the negligence, or 1 year after discovering it.
Act Quickly to Preserve Your Rights
The statute of limitations in Washington aims to encourage the prompt resolution of legal claims. As an injured party, it is in your best interest to act quickly when pursuing compensation for damages. An experienced personal injury attorney can help advise you on the timeline and make sure your rights are protected.
If you or a loved one has been injured in an accident in Washington State, don’t delay in exploring your legal options. The skilled personal injury attorneys at Monge & Associates offer free consultations to review the details of your case. Call us today at (888) 477-0597 to learn more about how we can help get you the maximum compensation you deserve.
With 32 offices located in 19 states, including Washington, Missouri, and Colorado, we have successfully represented injury victims throughout the country for years. Call now so we can get to work on your case before time runs out.