Tag Archives: statute of limitations

Medical Malpractice Statute of Limitations When Doctor Allegedly Hides Claim

Generally, the statute of limitations is three years for medical malpractice claims or one year from the time the claimant discovered or reasonably should have discovered the injury. In a recent Court of Appeals ruling (not one of our cases) the patient had foot surgery on February 24, 2016. The patient had a series of […]

Claims Against a Public Employee Require Additional Notice

The Court of Appeals recently ruled on the application of pre-suit notice statutes to public employees.[1] Our firm was not involved in this case. A public employee allegedly caused an injury accident while acting within the scope of a public agency’s employment and driving an agency-owned vehicle. The injured party filed suit against the driver and […]

Statute of Limitations Not to be Messed With

Although it seems unfair, if a personal injury victim misses the statute of limitations, even by a day, there is no claim in court or against anyone’s insurance, no matter how meritorious the claim and deserving the injury victim. Avoiding the statute is easy if you act early, but can be tricky if you act […]

When At Fault Drivers Avoid Service of Process

Most personal injury cases settle out of court, but some cannot be settled because the at-fault driver’s insurance company simply will not make a reasonable offer. In that scenario the only recourse is to file a personal injury lawsuit against the other driver. It is important not to procrastinate in speaking to a personal injury […]

Personal Injury Case Hinges on Service of Process

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 […]

Foreign Driver Sued for Allegedly Injurying Washington Couple

A resident of Korea was involved in a motor vehicle accident in King County, Washington. The occupants of the other vehicle were residents of King County, Washington. The Washington residents filed a lawsuit less than two weeks prior to the statute of limitations deadline. Per Washington law, they then had 90 days to validly serve […]

Woman Injured in Tacoma Park

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 […]

Medical Malpractice Tolling Statute Ruled Unconstitutional

When Jaryd was nine years old he suffered from headaches, nausea, dizziness, weakness in his legs, and double vision. A doctor reviewed an MRI of Jaryd and found it to be normal. Jaryd had another MRI when he was 17. This time the radiologist who reviewed the MRI found an Arnold Chiari Type I Malformation, […]

Will the Real David Please Stand Up?

Susan was a passenger on a motorcycle. The motorcycle driver passed a line of cars. The lead vehicle turned left, struck the motorcycle, and Susan was injured. The police report named David as the vehicle driver, and Damiann (his mother) as the vehicle owner. David later testified at a traffic court hearing. Susan and her […]

Side Effects of Warning Standards

A man’s psychiatrist prescribed the drug Lamictal, brand name for the drug lamotrigine. His psychiatrist told him that in rare instances, a rash may develop from taking Lamictal, and that he should stop taking it right away if he saw a rash. After he started Lamictal he began suffering flu-like symptoms, eye, mouth and throat […]

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