The law of each state sets deadlines by which you must file your lawsuit. These are called statutes of limitations, and they are usually calculated either from the date of your injury or from the date you discovered an injury that was not immediately obvious. (They may also be extended for minors and people with certain disabilities.)
For example, the statute of limitations for most personal injury lawsuits in the state of Washington is three (3) years. Statutes of limitations are different in each state and often change according to the type of case you have, but all of them are hard deadlines. That is, if you wait too long, you will not be able to pursue your case, no matter how strong it is.
One of the first things your lawyer will do after learning about your case is calculate the statute of limitations that applies, and take any action necessary to preserve your right to sue. To start a case you must personally serve the other party. That means it is very dangerous to wait until the statute of limitations is about to expire before you file your case. If you fail to locate the correct defendant, or serve the wrong person, your case gets dismissed if the statute of limitations period has passed. It doesn’t matter to the courts that you had trouble locating the other party.
There are also legal deadlines that apply in certain specific circumstances. For example, if you plan to sue a government agency, you may be required to give that agency notice within a relatively short period of time, or file an administrative complaint, before you may sue.
In Washington, if a party wishes to sue a governmental entity he or she must first file a claim with that entity and then wait sixty (60) days before filing the lawsuit. The failure to comply with this rule may mean the dismissal of your lawsuit. Because these deadlines can be short and missing them can take away your right to sue, it is essential to learn about them and take action as quickly as possible.
The laws dealing with the statute of limitations and governmental claims forms are just some of the reasons why it makes sense to consult with an experienced personal injury lawyer as soon as is practical after your accident.
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