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(253) 272-5226If you’ve been hurt in an accident, you only have a limited time to file a lawsuit. This legal deadline is called the statute of limitations.
Miss the deadline? You might lose your chance to get compensation for your injuries.
In this post, we’ll explain what the statute of limitations means for personal injury cases in Washington State. This includes things like car accidents, dog bites, and medical malpractice claims.
The statute of limitations is a legal term that simply means a deadline to file a lawsuit. These deadlines help keep the legal process fair and timely for everyone involved.
For the person who was hurt, it encourages them to take action right away. For the person being sued, it provides peace of mind that they won’t face legal trouble years down the road.
If you were hurt because someone else was careless, it’s important to know how long you have to file a personal injury claim.
In most personal injury cases in Washington State, you have three years from the date of the injury to file a lawsuit (RCW 4.16.080). This applies to:
But there are some important exceptions to know about.
Some injury cases follow different rules. Let’s look at a few common examples.
Usually, you have three years from when the medical mistake happened to file a lawsuit. But sometimes, people don’t know right away that they were harmed. This is why the law allows for an exception to the standard three years (RCW 4.16.350).
For example, imagine you had surgery and continued to have pain. Initially, you aren’t concerned because you think the pain is due to a slow recovery. Later, you get a second opinion, and the new doctor finds out the first surgeon made a serious error. In this case, you may have one year from the date you discovered the injury to file, or three years from the original surgery, whichever is later.
If a child is hurt in Washington State, the three-year clock doesn’t start until their 18th birthday.
So, if a child is bitten by a dog at age 10, they have until they turn 21 to file a claim.
Survivors of sexual abuse often don’t realize the full impact of the trauma right away. In some cases, memories are repressed or the emotional harm doesn’t surface until years later.
Washington State recently updated its law to better support victims. Under RCW 4.16.340, the rules now depend on when the abuse occurred:
This change gives survivors more time and flexibility to come forward when they’re ready.
Note: This post is about civil lawsuits, which seek money to help compensate the victim. Criminal charges, such as those in sexual assault cases, follow a different legal process and timeline.
If your injury involves a city, school district, or another government agency, you usually have less time to file a claim.
These cases are more complicated, and the rules are strict. If you think a government agency might be at fault, speak with a personal injury lawyer as soon as possible. (You might also want to read our post on suing the government for negligence.)
Here are two other terms that sometimes come up when talking about deadlines in injury cases.
This means the clock is paused. For example, the statute of limitations is tolled for minors until they turn 18.
This is a hard deadline that applies in some types of cases, such as product liability or medical malpractice. Unlike the statute of limitations, it doesn’t matter when you discover the injury. Once the statute of repose expires, you can’t file a claim. It sets a firm outer limit, no matter the circumstances.
Sometimes, people contact our law firm after the deadline is over. Most of the time, we can’t take the case. But there are a few rare exceptions, such as:
In these cases, you’ll need a strong reason to convince a lawyer to take your case, and a judge to allow it to move forward.
Even if you have up to three years, it’s always better to act fast. The sooner you talk to a lawyer, the better your chances of a strong case.
For example, after a car accident, a lawyer can:
Legal timelines can be even more confusing in cases like medical malpractice or slip and falls. That’s why it’s smart to get help right away.
If you’ve been injured in Washington State, the team at Ladenburg Law is here to help. We’ve worked with clients throughout Tacoma, Pierce County, and the surrounding area.
It’s always free to call us for a consultation. And if we take your case, you only pay us if we win you compensation.
Call (253) 272-5226 or fill out the short form on our contact page to get started.