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Statute of Limitations on Personal Injury Claims 

Gierth-Eddy Law Offices PLLC July 16, 2024

In the aftermath of an accident or injury, the last thing you want to think about is legal deadlines. However, filing a personal injury claim in time can make a significant difference to your medical and financial health. Let's take a closer look at the statute of limitations for personal injury claims and how you can secure compensation. 

Understanding the Statute of Limitations 

The statute of limitations is a law that sets the time frame within which you can file a lawsuit against the responsible party in a personal injury claim. This time frame varies by state and the type of injury, typically ranging from one to six years.   

Once the statute of limitations expires, courts will generally refuse to hear your case, regardless of its merits.  

The statute of limitations ensures that cases are handled while evidence is still fresh and reliable, provides a sense of closure for the parties involved, and encourages timely dispute resolution. 

Exceptions to the Statute of Limitations 

While the general rule is three years, there are exceptions that can either extend or shorten this period. For instance, if the injured party is a minor, the statute of limitations may be extended until they turn 18. If the defendant leaves the state, the clock may pause until they return. 

Certain injuries, like those involving medical malpractice or exposure to harmful substances, may have discovery rules that start the clock only when the harm is discovered or should have been discovered.

This can significantly alter the timeline for filing. Exceptions such as mental incapacitation or fraud by the defendant might also toll the statute of limitations, allowing more time to file a claim. 

Statute of Limitations in Washington 

In Washington, the statute of limitations for personal injury claims is three years. This means you have three years from the date of the accident or injury to file a lawsuit.  

However, there are exceptions to this rule. For example, if the injury involves a government entity, you must file a claim within a much shorter period, usually 60 days. Medical malpractice cases have specific discovery rules that might extend the filing period.  If your injury was caused by exposure to toxic substances, the statute of limitations may not begin until the illness is discovered.  

In Washington, the statute of limitations can vary depending on your case. For instance, if you are filing claims for product liability, you have three years from the date of the injury. Claims involving property damage have two years to file a claim. 

If the injury was caused by an intentional act like assault, the time frame might be different. In cases of wrongful death, the statute of limitations is also three years from the date of the deceased individual's passing. However, this time frame may be extended if a criminal case is involved.  

Steps to Take After an Injury 

If you've been injured, you should do the following: 

  • Immediately seek medical attention 

  • Document your injuries 

  • Gather any available evidence 

  • Notify law enforcement or the relevant authorities to ensure an official report is made. This can serve as valuable evidence in your case.  

  • Contact your insurance company to report the incident and begin the claims process as soon as possible. 

  • Refrain from making statements about fault or liability until you have consulted with an attorney.  

  • Keep a detailed record of all medical treatments and expenses, including receipts and doctor's notes, to support your injury claim. 

  • Consult with a personal injury attorney as soon as possible. They can help you gather evidence, interview witnesses, build a strong case on your behalf, help you understand your rights, negotiate with insurance companies, and represent you in court if necessary. Your attorney will also help you meet deadlines and guide you through the legal process.  

Gathering Evidence 

Strong evidence is the backbone of a personal injury claim. It can establish liability and document the extent of your injuries. This includes medical records, photographs of the injury scene, witness statements, and any relevant documentation. Surveillance footage from nearby cameras or businesses can provide crucial visual evidence to support your claim.  

Maintain a detailed journal of your injuries, symptoms, and how they impact your daily life. This personal testimony can corroborate medical reports and strengthen your case. Keep all documents related to your injury in a safe place and make copies for your attorney.  

Contact a Washington Personal Injury Attorney

At Gierth-Eddy Law Offices PLLC, our personal injury attorneys offer comprehensive and reliable representation. We will fight fiercely for the compensation you need to move forward. Our attorneys can demystify complex legal concepts, making them easy to understand. We are dedicated, knowledgeable, and driven to achieve the best possible outcomes for our clients. If you need legal assistance in Kennewick, Yakima, or anywhere in Washington, including Richland and Pasco, call Gierth-Eddy Law Offices PLLC, located in Kennewick, Washington.