When you speak with an attorney about an accident, the first question they will typically ask is, “When did this happen?” Before they can provide any assistance, they need to make sure you’re still within the statute of limitations. That is a law that sets a maximum time limit on starting legal proceedings.
In a personal injury case, like a car crash or a slip and fall accident, the statute would set the time limit for filing a civil lawsuit.
In Washington State, the statute of limitations is three years from the date of the incident.
That might seem like a lot of time, but as an experienced Seattle personal injury lawyer will explain, the time can go by fast. If you miss the deadline, it could impede your ability to recover any rightful compensation.
The following guide helps explain what you need to know about Washington’s statute of limitations.
Understanding the Three-Year Limit for Washington Injury Claims
The Washington state statute of limitations law stipulates that you have three years from the date of the injury-causing incident to file a civil complaint. This is different than filing an insurance claim.
A civil complaint means you are suing the at-fault party and their insurance agency. You have to go through that process before you can file your civil complaint.
The statute applies to the following negligence-based claims:
- Car Accident
- Motorcycle Accident
- Truck Accident
- Bicycle Accident
- Slip and Fall Accident
- Wrongful Death
If you file a civil complaint outside of the three-year deadline, the court will likely dismiss your case. You won’t have an opportunity to collect any damages.
When the Clock Starts Ticking: The Discovery Rule Explained
Although the statute of limitations “clock” starts ticking on the day of the incident, there are exceptions. That is when the discovery rule kicks in. When applied, the discovery rule pauses the statute of limitations clock. Instead of three years from the inciting incident, it will be three years from the discovery of the injury.
Where is this applicable?
The discovery rule is often applied in medical malpractice cases. It is not uncommon for a patient to be operated on or have a misdiagnosis that causes harm, but it isn’t discovered until long after the incident. That is when the statute of limitations begins on the day of discovery.
However, in that situation, the statute of limitations is reduced to one year from the date of discovery. That means that you have to move swiftly to conduct an investigation and file the initial insurance claim.
Exceptions That May Shorten or Extend Your Filing Deadline
As with many laws, there are exceptions to the statute that could have an impact on when you can file. One of the most important exceptions applies to minors.
If a person is under 18 at the time of the accident, the statute of limitations is tolled or paused. For minors, the clock starts ticking when they turn 18, meaning they have until they turn 21 to file. If the person you name as a defendant in your lawsuit leaves the state or goes into hiding and can’t be served with the filing, the time limit could also be paused during their absence.
There are also special requirements for claims filed against a government entity. In those situations, you need to follow notice procedures along with a 60-day waiting period before you can file the lawsuit.
How Pre-Suit Negotiations Impact the Statute of Limitations
As mentioned, you need to file an insurance claim before you can file a civil complaint.
Once you file an insurance claim, you’ll be assigned an adjuster who will investigate the incident and assign a value to the claim. That sounds straightforward, but there is always the potential for problems when you are dealing with an insurance carrier that wants to hold onto its money.
Although they are obliged to respond in a “timely manner,” insurance companies will often deploy delay tactics to “run out the clock.” They might ask for additional documentation.
That means you need to take the time to find it, and they need to take the time to review.
At some point, the insurance company might switch adjusters. In fairness to the new adjuster, they will likely restart the investigation, which will add months to the process.
All throughout the initial claim phase, your attorney will keep up negotiations with the insurance company, but they can’t stop the statute of limitations clock. That keeps running up to the day you file your civil complaint.
Steps to Take If Your Deadline Is Approaching Quickly
If you realize that your filing deadline is approaching, it is important to act immediately.
The first step is to gather any documentation related to your accident. That includes all your medical records, police reports, accident and injury photographs, witness information, and insurance correspondence.
That material should then be presented to Law Offices of Justin R. Boland, PLLC, during an initial free consultation.
At that consultation, we’ll discuss what happened and your options for moving forward with your claim. We conduct a thorough investigation into every case. Even with the filing deadline looming, we don’t want to overlook any detail that could make the difference between getting the maximum amount that is due and ending up empty-handed.
Missing the deadline can permanently bar your ability to pursue compensation, regardless of how strong your case may be. We won’t let that happen.
Contact the Law Offices of Justin R. Boland, PLLC, as soon as possible to schedule your consultation. Let us help you find out what should happen next.
