clock - statute of limitations

Statutes of Limitation (Don’t wait!)

If you are injured due to the fault of another, the law establishes a time period as to when you can pursue a personal injury claim against the at-fault party. Under Washington law, the time period, or statute of limitation for a negligence claim, is three years from the date of injury. Most claims involving injuries are negligence claims and subject to this timeline.

This means you must either resolve your personal injury claim or initiate a lawsuit within three years from the date of the injury. If you do not, your claim could be forever barred, meaning that it could no longer be heard in court. If this happens, case closed you will not be compensated for your losses. For example, if you were injured in a motor vehicle accident on April 30, 2020, you must either resolve your injury claim or initiate a lawsuit against the at-fault party no later than April 30, 2023.

There are certain exceptions to Washington’s three year statute of limitation for personal injury claims, such as if the injured person is a minor, the three year statute of limitation does not begin to run until the minor’s 18th birthday. It is also important to note not all states have a three year statute of limitations for injury claims. California, Oregon and Idaho, for example, all have a two year statute of limitation for personal injury claims. There are also certain situations where the timeline might be “tolled” allowing for more time. Some injury cases may be subject to a longer statute of limitations, such as an auto collision with an uninsured driver.

If you believe that you have been injured due to the fault of another, it is important that you speak with a knowledgeable injury attorney, sooner rather than later. In addition to helping you understand your injury claim, an injury attorney can explain the applicable statute of limitations and possible exceptions that might apply to your circumstances. 

The attorney’s at Becker Franklin Rovang are all experienced injury attorneys who are more than happy to discuss your circumstances, help you understand your legal rights and whether you need legal representation on your injury claim. We do not charge for these consultations and are happy to be a resource to the community for that service. If you do decide to retain our services, we operate  primarily on a contingent fee basis, so there is rarely, if ever, any upfront cost to our clients. If there is no recovery, there is no attorney fee.