Are there exceptions to the statute of limitations?
Question Details: I was injured 7 years ago at and accident at work which was caused due to a malfunctioning piece of equipment. I was covered by Washington State Department of Labor and Industries. I was diagnosed with a post concussive disorder that most likely arose from the accident; I am now getting help with that. The company that manufactured the equipment had accepted responsibility and their insurance company called me looking for medical bills about 3 years after the accident. I didn't understand that I needed to pursue them, aside from dealing with L&I because I wasn't thinking clearly. I still have issues today with higher thought processes and processing speed. I also, recently had 2 discs in my neck replaced, as well as a repair on a vertebra that was related to the accident. Am I out of luck with pursuing the company that manufactured the equipment that I was working with?
Medical malpractice is negligence. WA has a three year statute of limitations for filing a lawsuit in a medical malpractice case. Since the negligent act by the doctor occurred seven years ago, the three year statute of limitations has tolled (expired), and you have lost your rights forever in the matter. The exceptions to the three year statute of limitations are inapplicable in your case.