A traffic crash can turn your life around, leading to unimaginable consequences. So, how long after a car accident can you claim injury? The Washington State Department of Transportation (WSDOT) reports that there are almost 38,000 total crashes statewide annually. Timelines are crucial if you’re one of the many victims affected, and the answer about legal deadlines depends upon the circumstances of your case.
In addition to deadlines created by law, you should realize how prompt action safeguards your rights. Some restrictions apply by statute, and you need to know timing considerations to support your case. It is essential to get a Washington car accident lawyer involved as early on in the legal process as possible to gain an edge. Some background information explains the importance of moving forward right away.
What is the Statute of Limitations in Washington?
The statute of limitations for filing a personal injury claim after a car accident in Washington is three years, measured from the date of the accident. This means you must either settle your claim with the insurance company or file a lawsuit in court. If you fail to take action, you may lose your right to seek compensation for your injuries.
This legal deadline applies strictly, and exceptions are rare. Waiting too long could make it difficult or impossible to prove your case, even if the injuries are severe. Therefore, it is essential to act accordingly after an accident to protect your legal rights.
Insurance Claim v. Lawsuit in Washington
After a car accident in Washington, you generally have two avenues to seek compensation. Both options have distinct processes and timeframes.
Filing an Insurance Claim – Depending on the circumstances, you may file with your own insurance company or the insurer for the at-fault motorist. Insurance companies aim to minimize payouts, so it’s wise to consult with a personal injury attorney before accepting any settlement offers.
Litigation in Court – If the insurance claim results in a denial or lowball offer to settle, you may need to file a lawsuit. Though Washington’s statute of limitations gives you time to file a lawsuit in court, decisive action is critical.
Tolling the Statute of Limitations in Washington
There are certain situations where the statute of limitations may pause. Tolling can extend the period you have to file a claim, but it only applies under specific circumstances. If the injured party suffers incapacity at the time of the accident, the statute of limitations could pause until the person gains legal capacity.
Because children are often victims of car accidents, the tolling of the statute of limitations is important for parents to know. It’s essential to consult with an auto crash attorney to determine whether tolling applies in your case.
To Do’s After an Auto Collision
Keeping in mind the importance of timing, you should note that there are multiple tasks you can undertake to help with your claim. For instance:
- Check yourself and your passengers for injuries.
- Move safely to the shoulder or other space away from traffic.
- Call 911 immediately to get emergency crews on the way.
- Exchange contact and insurance information with other motorists involved in the collision.
If possible depending on your injuries, try to capture evidence at the scene. Use your cell phone to take pictures of vehicles, damage, the intersection, and traffic signage.
Throughout the aftermath of the traffic crash, you should keep conversations brief. Don’t admit fault or discuss the potential causes of the collision. You could reveal too much in discussions with other drivers. In addition, you should consult with a lawyer if an insurance company reaches out to you to talk about the incident.
Why You Need to Start on Your Personal Injury Claim Right Away
Starting your personal injury claim as soon as possible after a car accident in Washington is crucial for several reasons. Initial considerations are related to proving the case. Evidence such as witness statements, police reports, and medical records is more readily available and reliable shortly after the accident. Over time, evidence can be lost or degraded, and witness memories may fade, making it harder to build a strong case.
Also, initiating your claim promptly demonstrates to insurance companies and the court that you are serious about seeking compensation. Delays are signs of uncertainty or even indications that your injuries aren’t severe. By acting quickly, you can prevent these misconceptions and strengthen your position.
Another important point is that early action allows you to meet all legal deadlines comfortably, avoiding the risk of missing the statute of limitations. By engaging a personal injury attorney soon after your accident, you can take all necessary steps to preserve your right to compensation.
Compensation for Car Accident Victims in Washington
Victims injured in traffic collisions may be entitled to various forms of compensation, depending on the circumstances of the accident. The goal of compensation is to put the victim in the same position they’d be if the accident never happened, at least to the greatest extent possible.
Common types of compensation include medical expenses, such as:
- Costs for emergency care
- Hospital stays
- Surgeries
- Rehabilitation
- Future treatment
Plus, your injuries may affect your job. If you can’t work, you could recover lost wages and future earning potential for long-term decreases in income. There are also losses related to your quality of life, categorized as non-economic losses. They include pain and suffering, emotional anguish, and scarring and disfigurement.
Discuss Deadlines with a Knowledgeable Car Accident Lawyer
This overview provides useful information on how long after a car accident you can claim injury, particularly the statute of limitations. When you recognize the importance of timely action, you can better protect your rights and secure the compensation you deserve.
For additional information about your rights and remedies, please contact Tamaki Law. Our auto crash attorneys can set up a free consultation to review your situation and talk about what to expect. You can reach our offices in Yakima, Washington, by calling (800) 801-9564 or visiting us online.