What is the statute of limitations for filing a birth injury claim?
The statute of limitations for filing a birth injury claim in Washington is three years from the date of the injury. It is important to note that this clock begins to run on the date that the injury occurred and not when it was discovered. If the injury is not discovered until after the three-year statute of limitations, then the ability to file a birth injury claim may be lost. In some cases, the statute of limitations may be tolled, meaning it is temporarily suspended. This may be the case if the injured party is either a minor or mentally incapacitated. In those cases, the statute of limitations may not begin until the personal reaches the age of majority or until the disability is lifted. If a lawsuit is not filed within the statute of limitations, the court will most likely not allow the lawsuit to proceed, regardless of the merits of the case. It is therefore important that parents seek knowledge from birth injury attorneys as soon as possible in order to make sure that their rights are protected and that their case is filed in a timely manner.
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