A “personal injury” is is a legal term typically used in civil court settings to refer to any type of injury including physical, financial, or psychological that affects an individual. When an individual or group of individuals is injured because of intentional, negligent, or reckless behavior, or by an action covered by strict liability, a personal injury claim may be an appropriate way to recover damages. Personal injury laws are complicated and vary from state to state, including the amount of time allowed to file a personal injury claim. We are going to talk about WA State statute of limitations in this article.
If you have been injured, it is in your interest to seek the advice of an experienced personal injury attorney in your area because they are familiar with the injury laws in your state. Most personal injury attorneys provide a free case evaluation and a contingency fee plan. A contingency fee plan means that you will pay your attorney with a percentage of the damages you win but you will not owe any fees if you do not recover any damages. Damages are a sum of money claimed or awarded in compensation for a loss or an injury.
Is There a Time Limit on Personal Injury Claims?
Yes, each state has a time limit for bringing a personal injury claim called a 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.
You have a limited amount of time to file your personal injury claim in Washington. Washington statute of limitations laws may differ from those of other states.
It is always recommended that you do 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 have been injured in an accident, hiring a personal injury attorney may be crucial to getting the financial compensation you deserve. When hiring an attorney to represent you in your injury claim you should look for:
Disclaimer: State and federal laws in the United States change on a regular basis. Any information provided in this guide is meant solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case and provide an effective plan for counsel.
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!