Claim Against Washington State: Here is What You Need to Know

Posted Friday, June 9, 2023 by Chris Thayer

If your Burien personal injury claim is against a local or state government or entity, specific rules apply. The law can be complicated, and talking with a diligent King County Attorney can be useful in answering questions and navigating the complex rules and time limitations.

It is good to understand timelines. In Washington, you must file a formal notice of claim within the statute of limitations. The time frame is three years to file a claim with the state or municipality involved.

*What to Understand a Notice of Claim in Burien*A notice of claim is not the same as a complaint. A formal notice of claim is not filed with a court. A complaint is filed with a court and is the document typically initiating a lawsuit.

After you have formally filed a claim with the state or local government entity, there is another time limit to be aware of. In Washington state, you cannot file a lawsuit until 60 days after the date of your filing a claim.

*Injury Claims Against the State of Washington *There are specific rules about how an injury claim must be filed against the State of Washington. To understand the procedure for this type of claim, the state organizes the rules for claims against the state, its officers, employees, or volunteers in the Revised Code of Washington section 4.9.100.

A term that you will come across is “tortious conduct.” This is a legal term that is a broad category for various types of injury claims, such as car accident claims, personal liability claims, and medical malpractice claims.

If you’ve had a car accident involving a negligent State driver, it could be that the crash was caused by a distracted government driver.

If you are considering a liability claim, an example might be tripping, slipping, and falling while in a government building. A broken staircase in a government building may be the site of the incident.

If you are making a medical malpractice claim, this could be a misdiagnosis or failure to diagnose a condition that may have occurred in a government hospital.

These types of claims may give you an idea of the kinds of situations that would be in a claim for damages as a result of tortious conduct on the part of the government.

*Making Claims Against Local Governments in Washington State*RCW section 4.96.020 covers the process for making injury claims against local Washington governments. The rules vary in different locations and municipalities.

For instance, some local governments accept the state’s tort claim form. Some local municipalities provide specific claim forms which are similar to the state. These are generally available online. For instance, The City of Seattle offers a claim form and instructions for how to use it.

*Talk With a Diligent King County Attorney*For a free consultation with an experienced personal injury attorney in Burien, contact Pivotal Law Group, PLLC. The sooner you reach out to us, the sooner we begin fighting for justice. We handle personal injury cases throughout Washington State.