Family members of individuals who have died due to negligence may have the right to pursue a wrongful death action against the at-fault party. However, they only have a certain amount of time to do so due to a deadline known as the statute of limitations.
If you lost someone because of negligence, the end of the year is a time to consider taking legal action. Don’t wait too long to investigate and file your case. The compassionate Washington State wrongful death lawyers of Stritmatter Law are here to help.
What Is a Statute of Limitations?
Civil cases are generally subject to a deadline to file known as a statute of limitations. In Washington State, the statute of limitations for most wrongful death lawsuits involving negligence is three years. This means legal action must commence, in most cases, within three years of the victim’s death.
This does not mean the case has to be resolved within three years, just that the plaintiff must file the lawsuit in that time period. If the would-be plaintiff (personal representative of the decedent’s estate) misses the deadline, then they are usually barred from ever pursuing legal action and seeking recovery in court.
Are There Exceptions to the Statute of Limitations?
If you file outside of the statute of limitations, the defendant can ask the judge to dismiss your lawsuit. However, there may be exceptions that allow you to file later than the general three-year deadline. They include:
The discovery rule
This rule says that the three-year clock doesn’t run from the date of the victim’s death, but the date of when the family discovered or should have discovered the death resulted from negligence. This exception allows fairness for families who may not immediately know a wrongful death has occurred.
For example, a victim dies from a heart attack. The family believes it was due to natural causes, but a year later learns that a dangerous medical product caused it. If the discovery rule applies then the statute of limitations would start to run on the date the family learned this fact.
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Legal disability or incapacity
There may also be situations in which the person entitled to bring the lawsuit is legally unable to do so. For instance, the person appointed or entitled to be personal representative may be legally incompetent or disabled.
Once the person recovers from their incapacity or disability the clock will then continue to run. This exception is important because it affords fairness to individuals who at least temporarily cannot exercise their legal right to file a lawsuit.
Don’t Wait to Take Action
Statutes of limitations exist, in part, because it is more difficult to obtain reliable evidence if the plaintiff waits too long. This serves as a reminder that while three years may seem like a long time, they go by quickly and evidence can fade
As the year winds down, you probably have a lot of events going on. Don’t forget to assess your situation and determine if you are running into a statute of limitations issue. If your loved one died due to negligence, reach out to Stritmatter Law to schedule a free initial consultation.
