How Long After a Car Accident Can You Claim Injury?
Even in the best-case scenario, car accidents and the aftermath aren’t pretty. Between dealing with pain, medical appointments, lost wages, and psychological/emotional trauma, the financial strain alone can leave accident victims feeling frantic. There are laws in every state that allow people injured in motor vehicle accidents to pursue a car accident settlement that covers their losses and compensates them for the physical and emotional pain and suffering they have endured. But, how long after a car accident can you claim injury? We will discuss legal timelines for accident claims in this article.
Determining Fault in a Car Accident Claim
For car accident claims, some states follow a fault system and others follow a no-fault system, which means the process for seeking compensation can vary significantly. Fault states, like Washington State, require the at-fault driver’s insurance to cover damages, while no-fault states require each driver’s own insurance to pay for their medical expenses, regardless of who caused the accident. In addition, some states, like Washington State, use comparative fault law, which says that you may only be awarded damages proportional to the percentage of fault assigned to the defendant and nothing for the amount of fault that you contributed to the accident. Put another way, whatever damages you recover, they will be reduced by the percentage of fault attributed to you.
How Long After a Car Accident Can You Claim Injury?
Every state has a statute of limitations on injury claims, which limits the amount of time the injured party has to file a claim. The statute of limitations varies by state so it is best to seek the help of an experienced car accident attorney as soon as possible after your accident to ensure that your case is viable. If you were at fault in a car accident you may also be wondering how long the other party has to bring a lawsuit against you.
If you or a loved one was injured in a car accident because of the negligence of another driver, you do not have to navigate an injury claim on your own. An experienced car accident attorney can help you understand your legal rights, including the statute of limitations in your state, and take timely legal action to protect your right to compensation.
Statute of Limitations Definition
The statute of limitations is a legal rule that limits the time a person/party has to bring an accident claim or file a civil lawsuit against the at-fault party. In practical terms this means that if you were injured in a car accident, you must file your claim within a certain amount of time, or you forfeit the right to do so. If a lawsuit is not filed within the allowed time, the court will dismiss the case, and the injured party will lose the right to seek compensation. In car accident claims, the clock on the statute of limitations typically starts running from the date of the accident.
The type of lawsuit can have an impact on the length of the statute of limitations. For example, if your loved one was killed in a car accident, you may be filing a wrongful death claim, which may have a different statute of limitations than a personal injury claim. Likewise, a lawsuit against a car manufacturer will have its own statute of limitations based on defective products (product liability) laws in your state.
Why Do States Impose a Statute of Limitations on Car Accident Claims?
States impose a statute of limitations on all personal injury claims, including car accident claims, to encourage timely resolution of disputes and ensure fairness in the legal process. Over time, evidence can be lost, memories can fade, and witnesses may become unavailable, making it difficult to accurately determine what happened. By setting a legal deadline—typically ranging from one to six years depending on the state—courts help preserve the integrity of evidence and promote justice. The statute of limitations also provides certainty for defendants, protecting them from indefinite legal exposure. Ultimately, these time limits help balance the rights of accident victims to seek compensation with the need for a reliable and orderly legal system.
Statute of Limitations for Car Accidents in Washington State
The statute of limitations for a civil suit brought for a car accident depends on which state you live in and the type of lawsuit you are filing. In many states, you have two years to file a car accident lawsuit, depending on certain factors. In Washington State, the statute of limitations to file a personal injury claim for car accidents is generally three years beginning from the date of the accident. Wrongful death claims and product liability claims stemming from car accidents also have a three-year statute of limitations in Washington State. Read the full text of this law at Revised Code of Washington section 4.16.080.
If you miss the deadline to file a lawsuit, the court will refuse to hear your case. Even if you are trying to settle out of court, it is important to keep your deadline in mind just in case the settlement fails and you decide to file a lawsuit.
Seek the Help of the Best Car Accident Lawyer Near Me
If you or a loved one was injured in a collision because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced car 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! Since 1979, our personal injury law firm, Tario & Associates, P.S., has been dedicated to fighting for the rights of people injured throughout Washington State, with local offices in Bellingham and Mount Vernon to serve residents of Whatcom, Skagit, Island, and Snohomish counties. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
