What are the applicable statutes of limitations in a burn injury case?
The statutes of limitations, or the time limit in which one can file a claim, are an important factor in any burn injury case in Washington state. Depending on the particulars of the case, different statutes of limitation may apply. In most cases, the statute of limitations for filing a personal injury lawsuit due to a burn injury is three years from the date of the accident. This is set forth in the Washington Revised Code (RCW 4.16.080). If the accident causing the burn injury was the result of another person’s negligence, then the claim must be brought within three years or else the injured party will be barred from recovering damages. In addition to the three-year statute of limitations, Washington has adopted a “discovery” rule which may extend the filing period. This rule provides that the limitation period will not begin to run until the injured party knows, or reasonably should have known, of the injury and its cause. Finally, the statute of limitations to file a wrongful death or survival action due to a burn injury is three years from the date of the deceased person’s death. This is set forth in the Washington Revised Code (RCW 4.22.050). This means that a legal representative for the deceased person has three years to file a claim for damages associated with the burn injury. It is very important to note that these statutes of limitations are strict and start running from the date of the injury or the date of death. Therefore, if a claimant wants to file a lawsuit for a burn injury, it is important to act in a timely manner to ensure that their legal rights are protected.
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