What is the statute of limitations for personal injury claims in Washington?

Seattle Personal Injury Lawyer Preet Kode Can Help You Understand How the Statute of Limitations Applies to Your Claim

Legal deadlines are likely the furthest thing from your mind after you’ve been injured in an accident caused by another person’s negligence. But as medical bills mount and you're forced to miss work, you may wonder: Is it too late to take action against the person who caused your suffering?

The statute of limitations is the legal time limit you have to file a personal injury lawsuit. In Washington, most personal injury claims are subject to a three-year statute of limitations, but some exceptions exist that can shorten or extend this window.

At Kode Law Firm, Seattle personal injury lawyer Preet Kode can evaluate your situation and help you understand your legal options. In the meantime, here's what you should know about the statute of limitations for personal injury claims in Washington.

When Does the Clock Start Ticking?

In most personal injury cases, the statute of limitations starts running on the date the injury occurs. However, Washington follows the "discovery rule," which can delay the start of the limitations period in certain situations.

Under the discovery rule, the statute of limitations clock doesn't start ticking until the injured person:

Discovers or reasonably should have discovered the injury, and

Knows or reasonably should know the injury was caused by someone else's negligence

This often comes into play with medical malpractice claims involving injuries or illnesses that may not be immediately apparent, like those caused by a surgical error or delayed diagnosis. The statute of limitations may be put on pause until the patient discovers or should have discovered the problem.

Are There Exceptions to the Three-Year Statute of Limitations?

While the three-year statute of limitations applies to most personal injury claims, Washington law carves out some key exceptions:

Claims against government entities. If you're injured by the negligence of a state or local government employee or agency, you must file an administrative claim with the appropriate government office within two to three years, depending on the entity. If your claim is denied, you have only two to three years from the date of the incident to file a lawsuit.
Wrongful death claims. If someone dies due to another party's negligence, eligible survivors typically have three years from the date of death to file a wrongful death lawsuit. However, if the death was caused by an intentional act like homicide, the limitations period may be tolled (paused) until the killer is caught or the criminal case is resolved.
Claims involving minors. If a child under 18 is injured by negligence, they have three years from their 18th birthday to file a lawsuit.

What If the Statute of Limitations Has Already Passed?

If the statute of limitations has expired on your personal injury claim, you may have very limited options for pursuing compensation. The defendant will almost certainly ask the court to dismiss your case, and the judge will likely grant that request.

However, don't assume your claim is time-barred without speaking to an experienced personal injury attorney. In rare situations, the statute of limitations may be extended based on factors like:

The defendant's absence from the state
Concealment or fraud by the defendant
A written agreement between the parties to waive the statute of limitations

Protect Your Right to Compensation With Help From Our Seattle Personal Injury Lawyer

Seattle personal injury lawyer Preet Kode and the team at Kode Law Firm are ready to put their experience to work for you. We can review your case, explain how the statute of limitations applies to your claim, and develop a strategy for pursuing the compensation you need to move forward after a car accident, slip and fall, or other serious injury.

Don't let concerns about cost stop you from getting the legal representation you deserve. We offer free initial consultations, and you won't pay attorney fees unless we recover compensation for you. With our help, you can focus on healing while we handle the legal heavy lifting.

Don't Let a Personal Injury Accident Derail Your Life

When the unexpected strikes, and you find yourself the victim of a personal injury accident in Washington state, the path forward can seem daunting. Don't bear the burden alone. Take the first step towards reclaiming your future by contacting us online or calling (206) 531-2777 to schedule a free consultation to discuss your case and learn how we can assist you. Together, we'll explore your legal options and develop a personalized strategy to protect your rights and ensure you receive the justice you deserve. We help Washington state residents with all types of personal injury claims and look forward to helping you!