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What is the Statute of Limitations for a Wrongful Death
Claim in Washington State? Washington state law
requires you to bring a lawsuit within a specified period of
time if you believe you have been harmed by the wrongful
conduct of another. This time period is called the statute
of limitations. Failure to bring a lawsuit, or take the
required legal action within that time period, may eliminate
your right to recover damages if someone is liable.
Therefore, please contact
Brett & Coats, PLLC immediately for a free consultation
regarding your case. We are experienced wrongful death
attorneys with the determination to work tirelessly for our
clients’ rights. In the state of Washington, the
legislature enacted five separate statutes controlling the
nature of legal actions for negligence-related deaths and
the rights and damages of the victims of those actions. Two
of the five statutes are “wrongful death” statutes; the
other three statutes are known as “survival” statutes. One
of the two wrongful death statutes is the statute of
limitations. A statute of limitations is a law defining the
time limit within which a legal action must be commenced
before the right to prosecute a claim is lost forever.
Generally, wrongful death claims are governed by a three
year statute of limitations. One complexity of the
wrongful death statue of limitations concerns minor children
(less than 18 years old) related to the deceased. Generally,
the statue of limitations for claimants under 18 years in
personal injury actions does not expire until three years
after they reach the age of majority (18 years). In wrongful
death claims, there is no exception to the statue of
limitations for claimants under 18 years old. The three year
time period is the same for adult and minor beneficiaries.
Failure to settle a claim or bring a lawsuit within the time
period extinguishes the victim’s family’s legal rights to
recover damages for the loss of their loved one. If the time
period expires, a court will dismiss the case without
consideration of the case's merits or the reasons for delay.
The traditional purposes of the statute of limitations rules
were to bar claims for which "evidence has been lost,
memories faded and witnesses disappeared". Other
justifications for such a law include allowing individuals
to dispose of old records after a certain length of time;
creating closure and certainty by allowing individuals to
get on with their lives without legal intrusions from the
past; insuring that neither party is prejudiced by undue
delay; and discouraging stale and fraudulent claims.
Because of the complexities of the statutes governing
wrongful death actions, the issues of timely actions to open
estates and initiate litigation to avoid statute of
limitation problems, and the expertise required to
successfully prosecute death claims, individuals are
encouraged to seek the assistance of experienced legal
counsel as soon after the negligent death of a loved one as
they can reasonably manage. At Brett & Coats, we offer a
free initial evaluation of your claim. Our attorneys give
proactive attention to the needs of each family. Since
insurance companies know our firm's determination to
litigate cases when a settlement offer is inadequate, we are
usually able to resolve wrongful death claims through
negotiation. Call the attorneys at Brett & Coats, PLLC
today at 360-714-0900 or 1-800-925-1875, or contact us
through our online form. |
