How Does the Discovery Rule Affect Personal Injury Cases?
Under Washington State’s statute of limitations laws, the injured party (plaintiff) generally has three years from the date of the incident to file a personal injury claim. But a legal doctrine called the “discovery rule” can sometimes extend this time frame, allowing victims to seek justice even if they were unaware of the injury for some time after the incident occurred. The discovery rule says that the three-year clock can be stopped if the injured party could not reasonably have discovered their injuries until a later date.
What is the Discovery Rule in Washington State?
Under the discovery rule, the statute of limitations does not start ticking down until an injured party knows, or should reasonably have known that they were injured due to the negligence of another.
How Does the Discovery Rule Affect Personal Injury Cases?
Certain types of personal injury cases are more likely to be impacted by the discovery rule, including toxic exposure, medical malpractice, and other injuries that can lie dormant for some time.
The reasoning behind the discovery rule is that it would be unfair to prevent victims from filing a lawsuit because they didn’t know they had been harmed during the three-year statute of limitations. For example, if a person is exposed to a toxic substance but it takes years to develop cancer caused by this exposure, it would not be reasonable to expect them to file a lawsuit immediately after the exposure occurred. With the discovery rule, the clock doesn’t start ticking until the person is diagnosed with cancer or when a reasonable person would have discovered it.
It is important to note that the discovery rule is not relevant to all personal injury cases. In many cases, such as car accidents or slip and fall accidents, the injuries associated with the accidents are obvious right away so it is reasonable that the statute of limitations begins to run from the date of the incident.
How is the statute of limitations determined under the discovery rule?
Courts typically consider two factors to determine when the statute of limitations begins to run under the discovery rule:
- The date of the injury and
- The date of discovery.
It is usually pretty easy to determine the date the injury occurred (for example, the date that surgery took place), but the date of discovery can be more complicated. The court will look for the date that the plaintiff had both actual knowledge of the injury and enough information to connect the injury to the defendant’s negligent actions. Once the date of discovery is identified, the statute of limitations would then be set to count down from the date of discovery, not the date of the injury.
The discovery rule is an important legal doctrine that can provide additional time for victims of personal injury to seek compensation. By extending the statute of limitations until the plaintiff discovers or reasonably should have discovered the injury, the discovery rule ensures that victims are not unfairly penalized for not immediately realizing the harm they have suffered. If you discover well after the fact that you have been injured due to someone else’s negligence or wrongdoing, it is important to speak with a personal injury attorney to determine if the discovery rule may apply to your case.
Seek the help of a personal injury lawyer
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. 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 personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
