A “personal injury” refers to any harm or damage that a person suffers to their body, mind, or emotions, rather than to their property. Personal injuries can occur due to various incidents, including accidents, intentional acts, defective products, or defamation. The law often allows individuals who have suffered personal injuries to seek compensation from the party responsible for their harm. This compensation can cover medical expenses, lost wages, pain and suffering, and other damages related to the injury.
It is in your interest to seek the advice of an experienced personal injury attorney in your area as soon as possible after you are injured in order to receive timely advice, preserve evidence, and start an injury claim well before the statute of limitations.
Personal injury laws are complex and vary from state to state, including the amount of time allowed to file a personal injury claim. In this article, we will talk about the WA state statute of limitations.
A statute of limitations is a type of federal or state law enacted by the legislature that restricts or extends the time within which legal proceedings may be brought after a personal injury occurs. Courts are generally not given the authority to extend a statute of limitations and it is considered unconstitutional if it immediately curtails an existing remedy or provides so little time that it deprives an individual of a reasonable opportunity to start a lawsuit. Statutes of limitations actually date back to Roman law and are designed to prevent fraudulent or old claims from being made after the evidence or facts have been lost over the passage of time or the faulty memory, death, or disappearance of a meaningful witness.
Typically, the statute of limitations is used by the defense team to try and defeat an action from a plaintiff after the state’s statute of limitation has elapsed. The defendant must plead this defense immediately upon responding to the plaintiff’s complaint. If the defense is not made at that time, it is noted that the defense has waived their right to use it in any subsequent proceedings.
A negligence claim is a legal assertion that someone failed to exercise reasonable care, resulting in harm or injury to another person. Negligence claims are common in personal injury cases, including car accidents, medical malpractice, and slip and fall incidents. The injured party has a limited amount of time to file a personal injury claim in Washington State.
Note: Washington State statute of limitations laws may differ from those of other states.
Generally, negligence claims have a three-year statute of limitations in Washington State. Exception: If the injury is incurred by a minor child, the child may have three years from their 18th birthday to file a claim.
It is always recommended that the plaintiff not wait until the last minute to file a personal injury claim. You risk damaging your claim in the following ways by waiting:
If you or a loved one is dealing with an accident or injury because of the negligence of another, you have enough on your plate. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the competent Mount Vernon personal injury attorneys at Tario & Associates, P.S. in Mount Vernon, WA today for a FREE consultation! We have been representing residents of Skagit County, Island County, Snohomish County and surrounding areas since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!