Personal Injury Statute of Limitations in Washington State

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l&i lawyer chris sharpe Christopher Sharpe
Home Seattle Personal Injury Attorneys Personal Injury Statute of Limitations in Washington State

The statute of limitations is a deadline. Do not miss it. Understanding the statute of limitations in your personal injury case is crucial if you seek compensation for your injuries. You can lose the right to pursue legal action if you miss this deadline.

What is a statute of limitations?

You need to know the statute of limitations for your case. If you fail to file a lawsuit or completely settle your claim in time, you can lose the right to seek compensation.

The statute of limitations is a legal rule that sets a time limit for settling a claim or filing a lawsuit.  It begins on the incident date or when you discover your injury. The statute of limitations aims to ensure lawsuits are filed within a reasonable time frame, allowing for fair proceedings while evidence is still fresh and witnesses are available. 

The statute of limitations provides a clear time frame for you to take legal action. It ensures the defendant is not subjected to indefinite uncertainty and potential legal proceedings long after the event.

What are the statute of limitations in Washington State for common personal injury cases?

Specific statutes of limitations exist for different types of personal injury cases in Washington State. You need to know which statute of limitations applies to your claim. Don’t make a mistake. If you need it, then get legal advice. The time limits depend on the nature of the injury and the circumstances surrounding the case. Here are some statutes of limitations for common personal injury claims in Washington:

  • General Personal Injury Claims: In Washington State, the statute of limitations for general personal injury claims is three years from the date of the injury.
  • Medical Malpractice Claims: The statute of limitations in Washington State is
    • Three years from the date of the negligent act or omission 
    • Or one year from the date the injury was discovered or should have been discovered, whichever is later, with an absolute limit of eight years from the date of the negligent act.
  • Product Liability: Must be filed in Washington State within three years from the date of the injury caused by a defective product.
  • Wrongful Death: Three years in Washington State from the date of death.
  • Slip and Fall Accidents: Generally, there is a three-year statute of limitations in Washington State from the accident date.
  • Car and Motorcycle Accidents: In Washington State, the statute of limitations is three years from the date of the accident.
  • Assault and Battery: Claims for assault and battery in Washington State have a two-year statute of limitations from the date of the incident.
  • Defamation (Libel and Slander): Washington State has a two-year statute of limitations from when the defamatory statement was made.
  • Premises Liability: Claims related to injuries sustained on someone else’s property must be filed in Washington State within three years from the date of the injury.
  • Construction Accidents: Generally, there is a three-year statute of limitations in Washington State from the date of the injury.
  • Nursing Home Abuse and Neglect: Have a three-year statute of limitations in Washington State from the date of the injury.
  • Intentional Infliction of Emotional Distress: Washington State has a two-year statute of limitations from the date of the incident.

What are some other Washington State statute of limitations deadlines?

Here are other important statute of limitations deadlines in Washington:

Type of Legal ActionStatute of Limitations in Washington State
Dog Bites3 years from the date of the injury
Property Damage3 years from the date of the damage
Breach of Contract (Written)6 years from the date of the breach
Breach of Contract (Oral)3 years from the date of the breach
Fraud3 years from the date the fraud was discovered
Debt Collection (Written)6 years from the date of the breach
Debt Collection (Oral)3 years from the date of the breach
Professional Malpractice (Non-Medical)3 years from the date of malpractice or discovery
Employment Discrimination6 months with the Washington State Human Rights Commission; 300 days with the EEOC
False Imprisonment2 years from the date of the incident
Conversion (Theft)3 years from the date of the theft
Sexual Abuse of a Minor3 years from the date the victim turns 18 or discovers the abuse
Civil Rights Violations3 years from the date of the violation
Loss of Consortium3 years from the date of the injury to the spouse
Product Warranty Claims4 years from the date of the breach
Tenant-Landlord Legal Disputes3 years from the date of the incident
Childhood Sexual AbuseWithin 3 years of discovering the abuse, no later than age 21
Government LiabilityThere are specific notice requirements and statute limitations for claims against government entities. Get legal advice.
Legal Malpractice3 years from the date of the negligent act or discovery
Breach of Fiduciary Duty3 years from the date of the breach
Replevin (Recovery of Personal Property)3 years from the date the property was wrongfully taken or detained
Trespass to Land3 years from the date of the trespass
Intentional Tort Claims (other than assault and battery)2 years from the date of the incident
Negligent Infliction of Emotional Distress3 years from the date of the incident
Claims against Public Transit AuthoritiesOften shorter deadlines, specific to the entity

What are the consequences of missing the statute of limitations of my personal injury claim?

Failure to settle your claim or file a lawsuit within the applicable statute of limitations can have serious consequences. 

You probably lose your claim.

To avoid these consequences, you must be aware of the statute of limitations applicable to your case and take timely action. Contact Seattle personal injury attorneys before it’s too late to protect your rights and meet all necessary deadlines. Consequences of a mistake here include:

  1. If you miss the statute of limitations deadline, you lose the legal right to file a lawsuit. Regardless of its merits, the court will likely dismiss your case because it was not filed within the required time frame.
  2. Defendants can file a motion to dismiss your case if it is filed after the statute of limitations has expired. The court generally grants such motions, leading to the dismissal of your lawsuit.
  3. If you miss the deadline, you forfeit your chance to seek compensation for your injuries, medical expenses, lost wages, pain and suffering, and other damages. 
  4. If the deadline is approaching or has passed, defendants may have less or no incentive to settle the case, knowing that you cannot proceed with a lawsuit.
  5. If you were working with an attorney who failed to file your lawsuit within the statute of limitations, you might have a legal malpractice claim against them. This situation does not guarantee recovery for your original claim. Get new legal advice if this happens to you.

What does it mean to toll the statute of limitations?

Tolling the statute of limitations means pausing or delaying the time limit countdown for you to file your lawsuit. You toll the statute of limitations by settling your claim of filing a lawsuit. In addition, multiple circumstances can allow you to toll the statute of limitations and give you additional time to bring your claims, including:

  • If you are under 18 at the time of your injury, the statute of limitations is tolled until you turn 18. From that point, the standard statute of limitations period begins to run.
  • If you are mentally incapacitated at the time of the injury, the statute of limitations MAY be tolled until you are deemed mentally competent. Once competency is restored, the statute of limitations period begins to run.
  • The statute of limitations MAY be tolled if the defendant is not present in the state or is hiding to avoid being served. The period when the defendant is absent or unreachable may not count towards the limitation period.
  • If your injury or its cause was not immediately apparent, the statute of limitations may be tolled until your injury and its connection to the defendant’s actions are discovered or should have been discovered through reasonable diligence.
  • If the defendant has fraudulently concealed their wrongful actions and prevents you from discovering the injury or its cause, the statute of limitations MAY be tolled until you discover or should have discovered the fraud.

What steps must I take if I am close to the deadline?

You need to act quickly to protect your rights. 

Getting too close to your deadline is already a problem. Now, you must not delay. Here are the steps you should take if you are close to the deadline:

  1. Contact qualified Seattle personal injury attorneys as soon as possible to help you understand your options and file your claim and all necessary paperwork correctly. 
  2. If your claim is against a government entity, file the required Notice of Claim within the applicable time frame. Remember to allow for the mandatory waiting periods after filing the notice before you can file a lawsuit.
  3. Work with your attorney to prepare and file the lawsuit before the statute of limitations expires. This step involves drafting the necessary legal documents, identifying the defendants, and formally submitting the complaint to the appropriate court.
  4. In some cases, you may be able to negotiate a tolling agreement with the defendant. However, tolling agreements are only sometimes agreed to and should be considered a last resort.
  5. Maintain regular communication with your attorney and stay informed about the progress of your case. 
  6. If you cannot get an attorney to help, keep trying to find one who will help. Otherwise, you must settle or file your lawsuit on time. Don’t miss your deadline(s).

How can your attorneys help if your claim involves a government entity?

Against a governmental entity, there are administrative deadlines in addition to the statute of limitations. If you initiate legal proceedings against a government entity, you must understand these administrative deadlines and requirements. The government has an advantage in the legal system, so you get less time and stricter requirements than for other types of claims. Here are the essential points regarding these administrative deadlines:

  • Claims Against State and Local Governments: Before filing a lawsuit against a state or local government entity, you must first file a Notice of Claim within the statute of limitations period for the underlying claim. After filing the Notice of Claim, there is a mandatory 60-day waiting period before you can file a lawsuit so the government entity can investigate and potentially settle the claim.
  • Claims Against Federal Government: Must comply with the FTCA. You must file an administrative claim with the appropriate federal agency within two years from the date of the injury. Then, the federal agency has six months to respond to your claim. If the claim is denied or unresolved within this period, you can initiate legal proceedings in the federal courts.
  • Special Considerations for Public Entities: Some claims, such as those involving public transit authorities or school districts, may have shorter filing deadlines. You must check the specific requirements for the entity involved.
  • Get legal advice about deadlines and filings when you have the government for a defendant. This is no mistake territory.

Get a free case consultation from an experienced attorney for questions about personal injury claims.

If you have been injured and need assistance with your personal injury lawsuit, experienced attorneys are available to help. These attorneys understand the intricacies of Washington’s statute of limitations and can provide the legal support you need to pursue your claim effectively. Schedule a free case consultation right now. 

Don’t wait until it’s too late—get the legal help you need to secure the compensation you deserve.

FAQs – Personal injury statute of limitations in Washington State 

Does the statute of limitations apply to insurance claims as well as lawsuits?

The statute of limitations refers to the deadline for filing a lawsuit or settling your claim. You also need to notify your insurance company of an accident or injury as soon as possible because insurance policies often have their own deadlines for filing claims. Your legal claim can be denied or complicated if you fail to meet these deadlines.

Can I still file a lawsuit if the statute of limitations has expired, but I just discovered my injury?

The “discovery rule” may apply. This is common in cases of medical malpractice or latent injuries. Consulting with experienced attorneys is essential to determine if the discovery rule applies to your case. Don’t wait.

How do statutes of limitations differ for intentional torts compared to negligence claims?

Intentional torts typically have shorter statutes of limitations than negligence claims. For example, in Washington, the statute of limitations for intentional torts is usually two years from the incident date, while negligence claims generally have a three-year statute of limitations.

How are the statutes of limitations different for criminal charges from civil law in Washington State?

In a civil lawsuit in Washington State, the statutes of limitations ensure timely resolution and preservation of evidence. In contrast, statutes for criminal offenses balance prosecution needs with fairness to the accused.

Criminal statutes of limitations are entirely different. It is a different legal system with different deadlines. Here are some notable criminal statutes of limitations: no limitation for murder, 3-10 years for most felonies, and 1-2 years for misdemeanors. For more details, visit the Washington State Legislature website or contact a criminal law attorney.

What should I do if I don’t know when my case’s statute of limitations started?

If you don’t know when the statute of limitations began for your case, you need to consult with experienced Seattle personal injury attorneys so they can review the specifics of your case, determine the correct start date, and ensure that you file within the appropriate time frame.

Meet Our Personal Injury Attorney

Cydney Campbell Webster

Cydney, a shareholder at GLP Attorneys, has been a successful personal injury lawyer since 1993. She specializes in cases in Seattle involving auto accidents, construction site injuries, and defective products. Her track record includes significant settlements, notably a $7 million case for a child injured in a playground incident.

Read More About Cydney Campbell Webster

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