In a recent decision the Washington Court of Appeals upheld dismissal of a personal injury claim as time barred.[1] The plaintiff’s attorney named and served Elizabeth Loeliger rather than Elisabeth Loeliger.

Elisabeth Loeliger was the person who was involved in a motor vehicle accident and allegedly injured the plaintiff.  Elizabeth Loeliger is her mother.

By the time the plaintiff’s attorney discovered the error the statute of limitations had run.  The trial court dismissed the personal injury case as time barred.  The dismissal was upheld on appeal. The decision is unpublished.

The Court of Appeals made a distinction when the party being sued is misidentified with  a misnomer – i.e., a plaintiff has named and served the right defendant by the wrong name, as  opposed to an attempt to amend pleadings to add a wholly new defendant.  The court noted that rather than serving the right defendant but using the wrong name, the plaintiff’s attorney named and served the true defendant’s mother at her Kent address that has no apparent relation to the Seattle address of the true defendant.

The case is a perfect illustration of one of the biggest reasons to seek the advice of a personal injury attorney early.  Many personal injury attorneys will not even take a case if the statute of limitations is too close for fear of exposure to a legal malpractice claim.

No matter the merits of the injury claim or the severity of the injury, if the statute of limitations runs the claims is forever lost.

If you have been injured you should consider seeking a no cost consultation with a personal injury attorney without hesitation or procrastination.

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