When you or a loved one has been hurt in an accident caused by another’s negligence or wrongdoing, one legal course of action is to file a personal injury lawsuit in Seattle’s civil courts. However, it’s crucial to understand that time is one important factor that affects your injury case. You must file your claim within the statute of limitations, depending on the type of accident that caused your injuries.
Seattle personal injury attorneys can help you pursue legal action within the time limit and protect your right to fair compensation.
What is a Statute of Limitations?
The statute of limitations is a state law providing strict timelines within which an injured person is allowed to file a personal injury lawsuit against the at-fault party. If the victim fails to file their lawsuit within the allotted time, they lose their rights to sue.
The statute of limitations encourages victims to file lawsuits within a reasonable time. Think of how hard it would be to prosecute a case from an incident that occurred 20 years ago. It is advised to file the claim as soon as possible.
Seattle Statute of Limitations for Personal Injury Claims
Seattle’s statute of limitations is spelled in the Revised Code of Washington section 4.16.08. Almost all conceivable types of personal injury lawsuits in Seattle must be filed within three years. This applies to cases driven by the principle of negligence or intentional tort. Examples include car accidents, assault, medical malpractice, construction accidents, dog bite, slip and fall accidents, product liability, and wrongful death.
So, when your injury is caused by another person’s negligent or intentional act, and you want to ask Seattle courts for an opportunity to receive compensation from the at-fault party through a civil remedy, you have 3 years to file your initial documents in court. The clock starts ticking from the date of the underlying accident and runs out three years after this date.
Exemptions to Seattle’s Three-Year Rule for Personal Injury Cases
Washington State recognizes certain situations where the three-year statute of limitations does not apply. These exceptions can pause the statute of limitations “clock” after it has started to run, giving you more time to file your claim.
The Discovery Rule
While some injuries, such as a broken bone, are easy to identify after an accident, others are not readily apparent. These injuries may take weeks, months, or years after an incident to show up. This exception applies more often in personal injury cases involving illnesses like cancer you were unaware of. Most physical injuries from motor vehicle collisions and similar accidents tend to appear within a few weeks of the accident.
If you can show the court that you didn’t know and couldn’t have reasonably known that the underlying incident caused your injury or illness, then you may be able to extend the statute of limitations.
Evasion of Justice
If the defendant goes into hiding or leaves the state after the underlying accident, the period of concealment or hiding probably won’t be counted as part of the 3-year filing period. If it can be proven that the defendant intentionally evades justice, an exception can be made for your claim. The deadline begins to run once they’re located.
Minors and Incapacitated Persons
The Seattle statutory deadline works differently if, at the time of the underlying accident, you were under 18 years of age, disabled, or incompetent to the extent that you cannot understand the nature of the proceedings. The three-year deadline will not begin on the date of the accident – it starts from the date you turn 18 or have your competence restored.
Plaintiff’s Death
The statute of limitations pauses if the plaintiff dies within the provided three years. If a victim passes, their personal representative has one year from the date of their death to file a claim to recover the damages the deceased would have been entitled to.
Don’t Wait to Pursue Your Claim
If you miss the deadline and try to file your personal injury lawsuit, your case may be dismissed. The defendant may file a “motion to dismiss,” unless an exception applies to your case, the court will summarily dismiss your case. You’ll lose your right to seek damages, no matter how apparent the defendant’s liability or significant your injuries are.
In the same vein, it is dangerous to wait until the deadline is about to expire to file your lawsuit. If the lawsuit is filed right before the deadline, there may be insufficient time to investigate the case, gather evidence, file a lawsuit, and serve the defendants. Most Seattle personal injury attorneys do not accept claims when the statute of limitations period is almost over.
Bottom Line
The basic rule is simple: if you’ve suffered injuries and damages due to another person’s negligence or intentional wrongdoing, act quickly, or you will lose the right to seek damages forever. Importantly, work with a personal injury lawyer to protect your rights and secure fair compensation for your injuries.
