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.