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In Washington, DC, the statute of limitations for personal injury cases is three years from the date you discovered or should have discovered your injury. Missing this deadline means losing your right to pursue compensation, regardless of the strength of your case or the severity of your injuries.
Regan Zambri Long has protected the rights of injury victims in the District of Columbia for over 30 years. Our DC personal injury attorneys, including multiple Super Lawyers and Best Lawyers in America honorees, have recovered more than $1 billion for clients in motor vehicle accidents, medical malpractice, premises liability, and wrongful death cases. We know how to preserve your claim and maximize your recovery. Contact us today for a free case evaluation.
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This three-year deadline applies to most personal injury cases, including:
The clock typically starts on the date of the injury. However, in some cases, such as medical malpractice or exposure to toxic substances, the timeline may begin when you discovered the injury or reasonably should have discovered it.
Preserving evidence: As time passes, evidence can be lost or destroyed, witnesses’ memories fade, and accident scenes change. Filing deadlines encourage victims to pursue claims while evidence is still fresh and available.
Providing finality: Defendants have a right to move forward with their lives without the indefinite threat of litigation hanging over them.
Ensuring fairness: Timely claims allow both sides to build strong cases based on reliable evidence and testimony.
If you attempt to file a personal injury lawsuit after the statute of limitations has expired, the court will dismiss your case. Once dismissed on these grounds, you lose your right to pursue compensation through the court system, regardless of how serious your injuries are or how clear the defendant’s liability may be.
This is why you should consult with a personal injury attorney as soon as possible after an injury. Even if you’re still receiving medical treatment or negotiating with insurance companies, an attorney can ensure you don’t miss any critical deadlines.
While the three-year deadline applies to most personal injury cases, DC law sets different time limits for certain types of claims:
Intentional torts: Cases involving assault, battery, false imprisonment, false arrest, libel, slander, malicious prosecution, wounding, or mayhem have a one-year statute of limitations.
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DC law provides two separate types of claims and deadlines when someone dies due to another’s negligence or wrongful conduct.
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Wrongful death claims (economic damages): Under DC Code § 16-2702, surviving family members have two years from the date of death to file a lawsuit seeking compensation for economic losses. This includes the financial support and services the deceased person provided to their family, such as lost income, household contributions, and funeral expenses. The personal representative of the estate must file the claim on behalf of eligible family members.
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Survival actions (pain and suffering): Under DC Code § 12-301(8), the estate has three years from the date of the injury to file a claim for the deceased’s pain and suffering from the time of injury to death. This is a separate cause of action that “survives” the person’s death and compensates for the things the deceased endured before dying, including medical expenses and lost wages during that period.
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Claims against the federal government: You must submit a Federal Tort Claims Act (FTCA) claim on Form 95 within two years of your injury or within two years of when the injury was discovered.
These shorter deadlines require prompt action if your case involves intentional harm or government liability.
Cases involving assault, battery, false imprisonment, false arrest, libel, slander, malicious prosecution, wounding, or mayhem have a one-year statute of limitations.
These exceptions can extend or pause the statute of limitations, giving injury victims additional time to pursue their claims. To learn more about when these exceptions apply and how they might affect your case, visit our detailed guide on exceptions to DC’s statute of limitations.
Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.