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Personal injury lawsuits in Washington, DC, are generally subject to a three-year statute of limitations. This means you typically must file a lawsuit within three years of the date of the injury or the incident that caused it. An injured person may lose the right to recover compensation if they miss the deadline under DC’s personal injury law.
At Regan Zambri Long, we work with injury victims across the region to pursue justice. Sometimes, we offer our personal injury law services even in cases where the deadline may appear to have passed. If you’re wondering whether your time to file a personal injury claim or lawsuit has expired, contact us today for a free consultation.
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DC Code § 12-301(8) sets the statute of limitations for personal injury lawsuits at three years. This applies to a wide range of incidents, including car accidents, slip and falls, medical malpractice, product liability, and wrongful death. The clock typically starts on the date the incident occurs and a victim develops an injury. The court will usually dismiss a case if a victim doesn’t file their lawsuit in a timely manner.Â
However, there are situations where the law gives injured individuals more time to file. These exceptions recognize that sometimes, people can’t reasonably file within the standard window.
Minors (individuals under the age of 18) receive special consideration under DC law. If a minor suffers a personal injury, the statute of limitations does not begin to run until they turn 18. From that point, they have three years to file a lawsuit, meaning they can sue up until their 21st birthday.
This exception recognizes that minors typically rely on adults to protect their legal rights. As such, they shouldn’t be penalized for delays that occur during childhood. It also allows time for the full effects of an injury to become clear before a legal decision must be made.
If a person is mentally incapacitated at the time of their injury, the law may toll (pause) the statute of limitations until the incapacity is lifted. This can apply to individuals with cognitive disabilities, those suffering from severe mental illness, or people who are in a coma following a traumatic injury.
The goal is to protect those who are unable to understand their rights or make legal decisions. The standard three-year period may begin once the individual regains mental capacity.
Courts in DC review these exceptions closely. If you’re considering filing a claim based on incapacity or mental disability, it’s important to work with an experienced personal injury lawyer who can provide supporting documentation and legal arguments.
DC Code § 12-301(11) and (12) provides extended filing deadlines for survivors of childhood sexual abuse, recognizing that trauma often prevents victims from coming forward for many years.
For victims under 35 at the time of abuse: Under DC Code § 12-301(11), you can file a civil lawsuit until you reach age 40, or within 5 years of when you knew or reasonably should have known of the abuse, whichever is later. This means if you were abused at age 10 but didn’t recognize the harm until age 38, you would have until age 43 to file.
For victims 35 or older at the time of abuse: Under DC Code § 12-301(12), you have 5 years from when you knew or reasonably should have known of the abuse to file a civil lawsuit.
These provisions were established under D.C. Law 22-311, the Sexual Abuse Statute of Limitations Amendment Act of 2018, which became effective in May 2019. The law also eliminated the criminal statute of limitations for sexual abuse offenses and created a two-year revival period, allowing survivors to bring claims that had previously expired under the old deadlines.
Another important exception applies when the defendant actively conceals their wrongdoing or takes steps to prevent the injured person from discovering the harm. This is known as fraudulent concealment. In such cases, the clock may be paused until the fraud is discovered—or should have been discovered with reasonable diligence.
This situation sometimes arises in cases involving:
To invoke this exception, the injured party must show not only that the wrongdoing was concealed but also acted promptly once they became aware of it.
If you’re bringing a claim or lawsuit against a government agency in Washington, DC, you face a shorter timeline. Under the DC Code, you must file a notice of claim with the appropriate agency within six months of the injury. This applies to cases involving Metro buses (WMATA), public schools, municipal employees, and other city or regional government bodies.
This notice requirement is separate from the three-year statute of limitations for filing a lawsuit. You may lose the right to sue if you don’t file the notice letter by the deadline.
DC’s statute of limitations laws have specific deadlines and exceptions that can affect your case. Missing these deadlines or misunderstanding the rules can hurt your chances of receiving compensation. Having an experienced personal injury lawyer helps protect your rights and guide you through the legal process.
Regan Zambri Long has 100 years of combined experience representing personal injury clients throughout Washington, DC, Maryland, and Virginia. We handle motor vehicle accidents, pedestrian collisions, medical malpractice cases, and other situations where someone else’s negligence caused your injury.
Our clients choose us because we get results, having secured millions for people who were injured. Our legal team includes board-certified attorneys with strong reputations backed by client testimonials. We work on a contingency fee basis, which means you don’t pay anything upfront and owe no fees unless we successfully resolve your case.
Deadlines matter in personal injury cases. Don’t let time limits hurt your claim or allow insurance companies to pay you less than you deserve. Contact Regan Zambri Long today for a free consultation and let us help you get the compensation you need.
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.