Author: Richard H. Adler

When one is injured by another an invisible clock starts ticking. This clock is more formally known as the "statute of limitations." Failure to settle a claim or bring a lawsuit within the time period extinguishes the injured party's legal rights to recover for their injuries. 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 rule were to bar claims for which "evidence has been lost, memories faded and witnesses disappeared." RR Telegraphers v. Railway Express, 321 US 342 (1944). 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.

This area of law is very complex. For example, the length of time allowed to file a lawsuit may depend upon the state in which the injury occurred; the type of negligence involved (automobile vs. professional negligence)¹; the age of the injured party (minor vs. adult)²; when the injury was discovered; whether the injured party or the person causing the injury dies; and whether the lawsuit includes state law, federal law or both. One thing is certain, there are different statute of limitations periods for virtually every cause of action and/or situation.

Government Entities: Additional Steps

If the responsible party is a government entity or employee in the scope of their governmental duties, one must file an administrative claim for damages before a lawsuit may be started. This pre-requisite step is quite tricky since it requires the claimant to also file a written claim to the proper governmental entity, in its proper forums and within a certain period of time or be forever barred from recovery.

Uninsured and Underinsured Motorist

In cases where the responsible party is either an uninsured motorist (UM) or underinsured motorist (UIM), the statute of limitations is not governed by state law but rather by the terms of the contract between an injured party and their auto insurer. Under current Washington laws an UM or UIM claim is viewed as a contract action carrying a six year state of limitations, even though the underlying tort injury stems from a motor vehicle collision carrying a three year time limit.

Automobile Negligence and Statutes of Limitations

The following state by state list illustrates the "patchwork" statutes of limitations law that exist in the United States for automobile negligence claims. A different "patchwork" of state laws exist for other type of claims such as professional negligence, real estate transactions, contract breaches, intentional torts, etc. Caution: Do not rely upon this information for your own personal situation. Statutes are frequently changed or modified by the state legislature, and different circumstances require other statutes and notice provisions to be applied. The law can get complicated in this area so it is recommended you seek competent legal advice from an attorney on your specific situation.

Alabama 2 yrs.
Alaska 2 yrs.
Arizona 2 yrs.
Arkansas 5 yrs.
California* 2 yrs.
Colorado 2 yrs.
Connecticut 2 yrs.
Delaware 2 yrs.
DC 3 yrs.
Florida 4 yrs.
Georgia 2 yrs.
Hawaii 2 yrs.
Idaho 2 yrs.
Illinois 2 yrs.
Indiana 2 yrs.
Iowa 2 yrs.
Kansas 2 yrs.
Kentucky 1 yr.
Louisiana 1 yr.
Maine 6 yrs.
Maryland 3 yrs.
Massachusetts 3 yrs.
Michigan 3 yrs.
Minnesota 2 yrs.
Mississippi 3 yrs.
Missouri 5 yrs.
Montana 3 yrs.
Nebraska 4 yrs.
Nevada 2 yrs.
New Hampshire 3 yrs.
New Jersey 2 yrs.
New Mexico 3 yrs.
New York 3 yrs.
North Carolina 2 yrs.
North Dakota 6 yrs.
Ohio 2 yrs.
Oklahoma 2 yrs.
Oregon 2 yrs.
Pennsylvania 2 yrs.
Rhode Island 3 yrs.
South Carolina 3 yrs.
South Dakota 3 yrs.
Tennessee 1 yr.
Texas 2 yrs.
Utah 4 yrs.
Vermont 3 yrs.
Virginia 2 yrs.
Washington 3 yrs.
West Virginia 2 yrs.
Wisconsin 3 yrs.
Wyoming 4 yrs.

^{* California law has changed from a one to a two year statute of limitation. The statute of limitations for lawsuits filed before 1/1/03 is 1 year; thereafter it is 2 years.}
Conclusion

This article is not intended as a guide on determining what statute of limitations applies in a particular case. Instead, it is to give the reader a general working knowledge of the complexities of how the statue of limitation laws operate. The most important thing to remember about statutes of limitations laws is that failure to file a lawsuit before the expiration of the applicable limitations period, will bar that claim regardless of its merits. Given the complexities in this area of the law and the harsh remedy of barring an otherwise valid claim requires one to use caution and seek legal advice early. If you, a patient, family or friend needs legal consultation, simply give us a call. Our consultations are free.

<sub>1. Malpractice: The statute of limitations for medical malpractice varies widely from state to state. In most states, the statues of limitations clock does not begin to tick until the injured party becomes aware of their injury as in a medical malpractice claim where the facts or the impact of the doctor's mistake is not immediately apparent. In Washington the statute of limitations law provides that actions against health-care providers must be filed within three years of the date that the act giving rise to the injury occurred; or within one year after the date the injury was, or should have been, discovered, whichever is later. In no event may a medical malpractice action be filed more than eight years after the act giving rise to the injury occurred.

2.Adults: In most states, the statutes of limitations clocks begin at the moment of the act causing the injury. Minors: In most states, including Washington, the statutes of limitations clock starts to tick on a minor's 18th birthday.</sub>