Bad Things Come to Those Who Wait. While it is often best to attempt to settle a personal injury case before filing a lawsuit—insurance companies do not always make reasonable offers, sometimes not even enough to cover medical expenses.
If a personal injury lawsuit is the only realistic option, filing the personal injury lawsuit should not be put off to the last minute. If the statute of limitations is missed the personal injury claim is lost forever—no matter how worthy and legitimate the claim may be.
A recent Washington Court of Appeals case illustrates why it is important to file a personal injury case well before the statute of limitations deadline. In that case—not one of ours—the person claiming he was injured in an auto accident filed his personal injury case on the very last day of the statute of limitations period.[1] By statute, the personal injury claimant then had 90 days in which to serve the driver he claimed caused his injury.
A process server went to the other driver’s house. He and his wife were out of town. They had contractors working on the house. The contractors had access to the house. They worked there daily, but returned to their own home where they slept.
Service of process at someone’s home must be on either the person named in the lawsuit, or on someone “then resident therein.” The contractors were in actual possession of the other driver’s home. They were at the time were the people in Washington state most likely to give notice of the lawsuit to the other driver. Nevertheless, they were not actually living in the other driver’s home. The trial court dismissed the personal injury lawsuit and the Washington Court of Appeals upheld the result.[2]
The person who claimed an injury has lost forever the chance to receive just and fair compensation.
This is one of several good reasons to contact an attorney promptly if you have been injured in an accident.
[1] It is not possible to determine from the court opinion whether the client brought the case to an attorney at the last minute, filed it himself, or just why it was filed right at the statute of limitations deadline.
[2] Baker v. Hawkins, ____ Wn.App. ____ (No. 33228-4-III September 22, 2015).