The statute of limitations for DC personal injury claims most often allows three years from the date of injury or from when the harm and its cause was discovered for the injured person to file a lawsuit. Some instances, like wrongful death claims or cases involving minors, have different legal timeframes for filing a lawsuit.
If you’ve been injured by someone else’s negligence or misconduct, a personal injury attorney can help you file your claim within the allotted timeframe and ensure you understand your legal rights.
Why Does DC Have a Statute of Limitations for Personal Injury Claims?
Statutes of limitations exist in Washington DC and broadly across the country to ensure that legal claims are handled within a reasonable timeframe. Statutes of limitations protect the party responsible, known as the defendant, from being indefinitely fearful of litigation. Once the time to file a claim is up, the defendant can move on with their life without the fear of being sued.
The statute of limitations for DC personal injury claims also reduces the number of cases a court has at any given time. By limiting the time in which lawsuits can be filed, the courts aren’t overwhelmed with old legal matters and can focus on more current cases.
These time limits also protect crucial evidence. If too much time passes, a witness may forget important details, and evidence like traffic footage can disappear. A statute of limitations increases the odds of evidence being usable when the claim is filed.
While the statute of limitations aims to make the legal process fair for everyone, a few exceptions can impact the timeframe.
Are There Any Exceptions to the Statute of Limitations in the District of Columbia?
While the statute of limitations for DC personal injury claims generally allows three years to file suit, some circumstances lead to longer or shorter deadlines.
D.C. Code § 12-302 dictates that when a person is disabled at the time of injury, the statute of limitations is “tolled.” Tolling means the time limit for filing a claim is paused, and the clock doesn’t start ticking until the person is no longer disabled. The disabilities accounted for include the following:
- If the injured person is a minor when the incident occurs, the statutory period starts when they turn 18.
- When a person is imprisoned or mentally unable to pursue a claim, the statute of limitations begins when they are released or are of sound mind, respectively.
The statute of limitations for DC personal injury claims can also be extended in the following instances:
- If the person who is a resident of DC and who is responsible for the injury leaves DC before a lawsuit can be filed, the time they are absent may not count toward the three-year deadline. C. Code § 12-303 helps prevent the responsible party from avoiding liability simply by leaving the immediate area or going into hiding.
- When harm isn’t discovered immediately, the statutory period begins when the harm becomes known, or should have become known, under the discovery rule.
In other instances, the statute of limitations may allow less than three years for a personal injury lawsuit, including for the following:
- If the claim is against the Washington DC government, the injured party must notify the government within six months, according to C. Code § 12-309.
- For wrongful death claims, the statute of limitations allows two years to file suit.
Because the time period allowed by the statute of limitations for DC personal injury claims can vary depending on the circumstances, it’s a good idea to find legal representation soon after your accident to protect your rights.
How Does the Discovery Rule Apply to the Statute of Limitations?
The discovery rule allows more time to file a personal injury claim if a person didn’t immediately know about their injury or that their injury resulted from someone’s wrongdoing. The three-year time limit doesn’t start until they discover the harm or should have discovered the harm and the cause of the harm. When we say “should have discovered,” we mean that a reasonable person would have had ample opportunity to recognize the harm or its cause, given the circumstances. The discovery rule is commonly seen in medical malpractice cases.
For example, someone has surgery and assumes the pain they are experiencing after is just a normal part of recovery. Then, five years later, they find out from another doctor that a surgical sponge was left inside of them and was the cause of their pain all along. In a case like this, the statutory period allowed by the statute of limitations would begin when they discovered their injury and its cause, and they could still pursue compensation.
While the discovery rule extends this statutory period, Washington DC has a shorter timeframe for wrongful death claims under D.C. Code § 16-2702. The discovery rule does not apply to a wrongful death claim.
What Is the Deadline If the Injury Resulted in a Wrongful Death?
When a personal injury leads to death, the legal claim shifts from a personal injury case to a wrongful death lawsuit. In Washington DC, a wrongful death lawsuit must be filed within two years from the date of death.
If you believe you have a wrongful death or other personal injury claim, it’s essential to act quickly. Waiting too long, in any case, can put your right to compensation at risk.
Contact a Washington DC Personal Injury Lawyer
Understanding the statute of limitations laws for DC personal injury claims is essential for protecting your right to compensation, but there are nuances that can make the legal process complex. Missing a deadline or misinterpreting the law can hurt your chances of recovering compensation. Having a trusted personal injury lawyer can help protect your rights and help secure your financial future.
At Marks & Harrison, we have over a century of experience representing personal injury clients throughout Washington DC, Maryland, and Virginia. Whether you’ve been hurt in a car crash, slip-and-fall accident, or another incident caused by someone else’s negligence, we’re here to provide knowledgeable legal representation.
Our personal injury clients choose us because of our:
- Proven results, having secured millions for personal injury clients
- Skilled legal team of 30+ attorneys and over 100 support staff
- Fourteen offices conveniently located throughout DC, Virginia, and Maryland
- Reputation for excellence backed by client testimonials
- Never charging any upfront costs or fees; our clients don’t pay anything unless we resolve their legal matters successfully
Don’t wait to get the legal representation you deserve. Let us fight for your recovery, your rights, and your future. Contact us now for a free consultation.
