A woman was injured at a beach in Tacoma. She filed a lawsuit one week before the statute of limitations was to run. She also served Metro Parks with the statutory claim form, required in Washington before suing state or local governmental entities.
The claim form statute imposes a 60-day waiting period before the injury claimant may file a lawsuit. The injured woman amended her complaint to include Metro Parks only 14 days after Metro Parks received the claim form. The trial court dismissed the personal injury lawsuit. The Court of Appeals upheld the dismissal.[1]
Personal injury victims need only substantially comply with the claim-form statute procedural requirements. Strict compliance is not required.
Nevertheless, the Court of Appeals held that the injury claimant presented no evidence of substantial compliance. She presented no evidence that Metro Parks had completed its evaluation, decided whether to accept or reject her claim, engaged in settlement negotiations, or had taken any action at all on her claim at the time she filed her amended complaint.
This case is an example of how things can go wrong by delaying pursuit of a personal injury claim. It is especially unwise to wait until the statute of limitations deadline is near, but any significant delay can be detrimental for a variety of reasons.
While we always strive to settle cases out of court if possible, if a lawsuit is necessary as a general policy our personal injury law firm will file the case no later than six months before the statute of limitations deadline – though we have on occasion made exceptions when first contacted with less time than that left.[2]
If you have been injured, it is in your best interest to seek a free personal injury case evaluation right away.
By personal injury attorney
Travis Scott Eller
[1] Lee v. Metro Parks, ____ Wn.App. ____ (No. 44705-3-II October 7, 2014).
[2] It is unclear from the opinion when the injury claimant first contacted an attorney.