Washington Civil Statute of Limitations

Statutes of limitations are time limits that determine how long you have to file a lawsuit. The limit is intended to preserve the integrity of evidence.

The Washington Statute of Limitations states that personal injury claims must be filed within three years. The same limit applies to trespassing and fraud. For debt-collection, the limit is six years. If the plaintiff misses the time limit, the statute of limitations can be used as defense against them. The court will dismiss the case.

What Happens If You Miss the Deadline?

The statutes of limitations are a fixed rule and not a suggestion. The time limits imposed by Washington state are mandatory. If you miss the deadline, you will be unable to get compensation for your injuries.

What Are the Exceptions?

There may be a few exceptions to the time limits. Speak to your attorney and find out if your case may be exempted. The rules for medical malpractice and cases against public institutions may also be different. If you plan on suing the federal government, the ‘Federal Tort Claims Act provides special requirements.

The Time Limits on Lawsuits

The countdown to your time limit starts immediately when the claim arises. It is the moment when a plaintiff first had cause to sue the defendant. If, for example, you plan on suing someone for inflicting personal injury through assault, they have two years from the date of the incident to file a lawsuit.

The details of statutes of limitations may change often. Different courts may have different interpretations of the same statutes. Some of them can make entire statutes or part of them inapplicable to certain cases. Your lawyer can help you interpret the details of the law and understand the time limits that apply to your specific situation.

If action is against the government, different rules may apply to you. Your lawyer will guide you through the specific procedures that apply to federal cases.

Basic Time Limits

  • Three years for fraud
  • Three years for personal injury
  • Six years for rent collection
  • Three years for trespass
  • Two years for slander/libel
  • Ten years for judgements
  • Three years for personal property damage

In conclusion, the law can be complex. Even though the statutes of limitations are stated clearly, their implementation may vary depending on implementation.

 

Has Medical Malpractice Taken Place at a Local Hospital?

During the COVID-19 pandemic, hospitals have been overworked, causing many to wonder if they are still receiving the care to which they are entitled. For those who are wondering if medical malpractice might have taken place, there are a few warning signs that everyone should note.

First, there cannot be medical malpractice without some sort of harm or damage taking place. A doctor might deviate from the expected standard of care; however, this doesn’t mean that medical malpractice has occurred. Unless there is some sort of harm to the patient, there cannot be medical malpractice.

Of course, hospitals are more likely to make a mistake in certain situations. If the hospital is understaffed for the number of patients they have, this could lead to a serious mistake. Some of the most common mistakes that stem from medical malpractice include prescribing the wrong medication, not reading charts properly, forgetting to check in on patients, and prescribing the wrong dose for a given medication.

In other cases, medical malpractice might be revealed when a second opinion is markedly different from the first one. Many patients end up seeking a second opinion to make sure the first one was correct. While the second opinion isn’t always going to be identical, it also shouldn’t be wildly different from the first one. If the second opinion is way different, it is likely that one of the doctors was mistaken. Again, this cannot lead to medical malpractice unless there was some sort of harm.

Finally, some patients think that they might be receiving a treatment they don’t need. Maybe the treatment isn’t working correctly or a patient was subjected to a treatment that was invasive when, in reality, it wasn’t necessary. In this case, medical malpractice might have taken place.

While medical malpractice isn’t common and the vast majority of doctors will advocate for the best interests of their patients, this isn’t always the case. It is important for patients to make sure they request copies of their medical records so they can be examined for signs of medical malpractice if something has gone wrong. Every patient deserves to be protected by the doctors who take care of them to the best of their abilities.

Don’t Overlook the Neck Following a Concussion

Traumatic brain injuries are one of the most serious injuries that someone can sustain. There are numerous types of traumatic brain injuries and they can range widely in severity. Recently, a research paper was published showing that neck injuries can accompany a traumatic brain injury. Often, when the symptoms of a traumatic brain injury are slow to heal, it might be because injuries to the neck, including the cervical spine, might have been overlooked. If an injury to the cervical spine is missed, it could explain why symptoms following a traumatic brain injury, such as a concussion, might be slow to heal.

In a research paper published in the Journal of Sports Medicine, Dr. John Leddy shows that traditional symptoms that have been ascribed to brain injuries could also be due to an injury of the neck, specifically the cervical spine. Many of the symptoms that arise following a blow to the head can also be a sign that nearby structures could have been harmed. Some of the examples include the TMJ (located in the jaw), the vestibular ocular system (which can impact balance and vision), and the neck. Addressing neck injuries could even lead to a faster recovery from a traumatic brain injury. He even posited that a randomized controlled trial should be conducted using this hypothesis.

Regardless, anyone who suffers a blow to the head must also have the neck evaluated as well as the head. One vulnerable structure involved in many concussion injuries, as well as other TBIs, is called the Craniocervical Junction, often shortened to CCJ. This structure rests at the inferior surface of the skull. It plays a vital role in the stability of the neck and head. An injury to this area could alter the way blood flows throughout these structures, making the symptoms of a concussion worse. Some of the most common symptoms that people note include difficulty seeing, headaches, dizziness, poor concentration, and fatigue.

Finally, it is also incumbent on patients to be aware of these symptoms and to know when to see a doctor. The faster a head or neck injury is diagnosed, the sooner it can be treated properly. In the future, it will be interesting to see if researchers take up the mantle of this hypothesis and test it. It has the potential to improve outcomes following a head injury.

Daily Fantasy Sports Lawsuit is a Swing and a Miss for Fans

Even though sports fans have been starved for live-action in the wake of the COVID-19 pandemic, there was a strikeout recorded of sorts earlier this April in a federal district court. Taking place in New York, the case was Olson v. MLB. Mr. Olson is a daily fantasy sports player who brought a lawsuit against two of the biggest teams in all of baseball, the Houston Astros and the Boston Red Sox, who have both won World Series titles recently. They have also been widely linked to the sign-stealing scandal that has plagued the MLB for the past few months.

During the sign-stealing scandal, players in the dugout would be using video cameras to watch the signs the catcher puts down, indicating the pitch. Then, players in the dugout would bang on a garbage can. This would let the batter know if a breaking ball was coming or not. This advantage makes it easier for the player to make solid contact with the ball. Presumably, this helped both teams to their World Series titles.

In the lawsuit, Olson alleged that the sign-stealing scheme breached a duty of care held by the MLB that they needed to ensure the games were being played within the rules. He alleged that this impacted his daily fantasy sports winnings. It turns out that the court was not buying his argument.

In a decision that was well-reasoned, the federal court granted the motion put forth by the defendants to dismiss the lawsuit. This relegated Olson to the long list of sports consumers, fans, and spectators who have tried to sue sports leagues in the past for a variety of reasons.

When it comes to sports fans, everyone experiences the agony of defeat and the jubilation of victory; however, there is no duty on behalf of the sports leagues to compensate fans who feel cheated out of their enjoyment in some way. Numerous complaints have been taken up over the years, even by customers who have bought tickets. This decision simply falls in line with what courts have found in the past. It will be interesting to see if fans continue to try to sue sports leagues in the future.

Common Misconceptions in Personal Injury Cases

Unfortunately, an accident can happen at any time. Many people suffer injuries in these accidents. These injuries can be costly between doctors’ bills, surgical costs, repair bills, and potential lost income due to time off from work. Fortunately, there is a path for people to seek financial compensation following a serious injury; however, the portrayal that many people see on TV when it comes to personal injury lawsuits is not usually accurate. In order for someone to seek financial compensation for their injuries, they will need to provide ample evidence and demonstrate that they have met significant burdens of proof to win a financial award. There are a few common misconceptions that need to be corrected.

First, there is a common misconception that people can collect money just by having any type of pain. This is not always the case. While it is relatively straightforward for people to talk to an insurance company and collect compensation for medical bills and lost wages, collecting compensation for pain and suffering is significantly more difficult. There are three types of injury categories following a major accident that someone for which can collect pain and suffering compensation. These include loss of bodily limbs, loss of bodily function, and wrongful death claims (collected by surviving kin). If any of these events took place, it is possible to collect more money for pain and compensation.

Next, many people believe that if they drag out the lawsuit, they are more likely to collect more money. This is not the case. In reality, it will be a hassle to continue to chase down the other party in a lawsuit. They are simply going to become aggravated and will be less likely to communicate in a professional manner. Furthermore, this is also more likely to drive up the attorneys’ fees, which may detract from the overall award. Finally, plaintiffs will also need to track every receipt. The longer the case goes on, the more likely it is that some of these will be lost.

Finally, many people think that they don’t need a lawyer. The reality is that lawyers are necessary to make sure that plaintiffs settle for an amount that is fair. This is important for making sure that everyone protects their rights, particularly in a case that involves a serious injury.

 

Covering the Cost of a Funeral in a Wrongful Death Lawsuit

Dealing with the wrongful death of a loved one can be a devastating situation. It is terrible to deal with the premature loss of a family member or friend and the final expenses following a wrongful death can be significant. One of the biggest expenses that people have to bear is that of a funeral. It is possible for someone to receive compensation for the costs of a funeral and burial; however, it is necessary to file a wrongful death lawsuit against the party who is at-fault in the case.

It is terrible to deal with the unexpected loss of a loved one and this is among the most challenging emotional experiences that someone can have. Funerals cost thousands of dollars and many people do not have this kind of money sitting in a savings account. Do you? Furthermore, if there are avenues to force the at-fault party to cover this cost, then this is only appropriate.

First, it is important for everyone to know what costs are covered by a wrongful death lawsuit. It is always important to speak with an experienced attorney because these cases are highly complex and people need to know what kind of compensation they can expect. Some of the costs include:

  • The cost of cremation services or a plot of land
  • The cost of the funeral and burial
  • Money paid for the tombstone and casket
  • Any rental fees for the funeral home, hearse, and other transportation arrangements

Therefore, it is important for everyone to track these costs so that the wrongful death lawsuit can be compensated appropriately. It is important for everyone to remember that they should not just accept a settlement because they need the money. An insurance company will try to force a quick payment to get away with paying less than is deserved. People need to be patient and wait for the outcome of the case. Even though this won’t be immediate, it is critical for everyone to fight for the compensation they deserve. Do not allow an insurance company to get away with taking advantage of someone’s grief. Following the loss of a loved one in a wrongful death scenario, filing a lawsuit is the most appropriate course of action.

Universal Music Group Scores Big Win in Lawsuit

Recently, Universal Music Group posted a big win in a legal dispute that has been going on since last year. A judge dismissed a lawsuit that had been fired over tapes that were destroyed in a fire. The event took place in 2008, with plaintiffs filing a class action suit against the famous company. Some of the plaintiffs included Soundgarden, Steve Earle, Hole, and the estate of Tupac Shakur. The decision was filed recently and brings an end to a legal battle that began about a year ago. At that time, The New York Times Magazine reported that there were significant damages in a fire that took place at Universal Music Group back in 2008, leading to the loss of more than 500,000 recordings.

Immediately after this, a lawsuit was filed against Universal Music Group. The lawsuit alleged that the company should have done more to prevent the fire. The lawsuit also accused Universal Music Group of trying to cover up the fire, concealing the extent of the destruction from the artists. At the same time, Universal Music Group was pursuing litigation and insurance claims in an effort to recoup their losses.

The lawsuit claimed that Universal Music Group took the settlement proceeds along with the insurance benefits. The total value was close to $150 million. The lawsuit filed by the plaintiffs was seeking half of this amount in addition to half of any additional losses they might have incurred.

A judge dismissed the vast majority of the claims in the lawsuit including allegations of negligence, reckless conduct, and breach of contract. Universal Music Group announced that the judge’s filing rejects the plaintiffs’ arguments and criticized The New York Times Magazine for the hyperbolic nature of their reporting. The vast majority of the plaintiffs have already dropped out of the suit. Those leaving the suit include Hole, Soundgarden, Tupac Shakur, and Earle. Tom Petty’s ex-wife is one of the few plaintiffs remaining in the case. Even though the judge has dismissed this claim, the plaintiffs have left the door open to bringing an additional lawsuit; however, it would have to be based on a new set of arguments. At this time, it appears unlikely. It will be interesting to see what moves Universal Music Group and the plaintiffs make next.

Dollar Tree Reaches Tentative Settlement in Lawsuit Involving Poor Timekeeping, Breaks for Employees

Dollar Tree, the company known for producing inexpensive goods in a variety of categories, recently requested approval for a significant settlement to bring an end to a lawsuit brought against it by employees. The plaintiffs in the suit, Snipes vs. Dollar Tree, have requested approval for a $2.5 million settlement that would bring an end to litigation. In the case, the plaintiffs alleged that Dollar Tree had committed wage violations. Some of the violations included not allowing employees to take proper rest breaks, allowing them to recharge and continue their shifts. The plaintiffs included anyone who worked at a distribution center as part of the Dollar Tree corporation between April of 2011 and the end of 2019.

The plaintiff who brought the suit against Dollar Tree is named Terry Snipes. He filed suit against the large corporation in April of 2015. The suit and class membership have been made more complicated by the employee arbitration program that has been set up by Dollar Tree.

The lead plaintiff decided to exit this program before he brought a lawsuit against the company. Back in May, a United States District Judge was asked by Dollar Tree to force the arbitration members that were signed by around 1,600 employees following the October 6, 2014 cutoff.

The judge agreed and forced the claims to head into arbitration if they signed arbitration pacts following the October cutoff; however, these employees are still allowed to have access to the settlement agreement.

In the original suit, the plaintiffs alleged that these accusations are a violation of California state law. The workers stated that the company did not give them appropriate breaks and maintained poor practices with regards to their timekeeping. The settlement amount is a big victory for the workers. The workers state that the settlement represents an outstanding result, given the relative strengths and weaknesses of the case. The settlement includes $125,000 towards claims under the California Private Attorneys General Act, more than $90,000 going towards the Labor and Workforce Development Agency, and $750,000 in fees for the legal team. The 2,400 members of the class action settlement will each get around $625 each. This is a major victory for workers in the state of California.

Immunity Law is Shielding Nursing Homes in NY in the Wake of COVID-19

As the COVID-19 (coronavirus) pandemic continues to ravage the country, there is one place where this virus is particularly deadly. This is in nursing homes. The virus is particularly deadly to those who are elderly and those with pre-existing conditions. Given that nursing homes are typically filled with elderly individuals who live in close proximity to one another, this places nursing homes at extreme risk of being harmed by COVID-19.

Sadly, thousands of elderly New Yorkers have already passed away from the virus. Many of these individuals are located in nursing homes. Furthermore, there is an immunity law in place that may shelter nursing homes from potential legal action and liability lawsuits.

The NY Immunity Law

Many of the nursing homes throughout NY are poorly staffed and undersupplied. This combination means that nursing homes may not be able to adequately care for and protect their residents as COVID-19 continues to spread. Recently, an immunity measure was passed which shields nursing homes from liability. While this relieves administrators, many advocates fear that this law is simply going to allow the nursing homes to hide behind the law in cases of neglect that may turn deadly.

In an executive order passed in March, the state of New York granted a significant shield to both nursing homes and their staff as they were desperately trying to procure enough equipment to adequately care for their residents. While this is admirable, this should have been done much sooner/ Now, with a pandemic that has killed thousands of people across the state, families may be out of options if they believe their loved one passed away due to negligence on behalf of the nursing home.

Other Options Are Available

There are still ways that a family can take legal action against a nursing home for the death of a loved one. If the nursing home doesn’t have enough PPE, they might be held liable in cases of gross negligence, reckless misconduct, or intentional harm. For example, if the nursing home never made an attempt to improve their situation, they could still be held liable for this gross dereliction of duty; however, this would be a high bar to clear.

Class Action Lawsuits Against China Resulting From Covid-19

The Chinese government is currently facing four different federal class-action lawsuits against them for their failure to maintain the COVID-19 outbreak. They also failed to inform all other communities outside of China of its potential dangers.

One of the lawsuits involve small businesses in California that have been impacted by COVID-19. An attorney who goes by the name Larry Klayman is in charge of one of the four class-action lawsuits that accuse China of letting out a biological weapon to society. The U.S. is hoping to be able to recover a large sum of money for damages. However, chances are slim for any such actions to take place. This is because there is a barrier that will not allow the Chinese to be brought into courts in the United States. The FSIA act will not allow U.S. lawsuits to become successful.

Some sources believe that these U.S. lawsuit allegations are false. Instead, the culprit of the COVID-19 outbreak in China started in a market in Wuhan. There is much negligence on their part though for not being able to contain the spread of the virus. Chinese government will have to bring on any allegations and lawsuits for commercial activity in China in order for them to be held accountable.

There is a possibility of these lawsuits not being successful in Wuhan since there are many improper practices and the U.S. Supreme Court has already ruled that institutes run by the government may not comply.

China would also have to inform people by giving a warning about COVID-19 in order for the lawsuits to be successful. However, the courts may not agree with this. The wrongdoing act caused by China would have also have had to happen in the United States.

Another California attorney by the name of Kent Schmidt expressed that there is no chance that federal judges would approve these class action lawsuits. They would need great evidence to prove that these lawsuits are doable even though many agreed that China was responsible for the spread of the virus.

Unfortunately, the courts in the U.S. are not in a position to address the effects of the COVID-19 here even though the harm done was a direct result of China. There are attorneys that disagree and are looking to take care of American’s who have been affected by COVID-19 financially.