If you have never had occasion to call an attorney, congratulations! For those of you who have, and who have considered bringing a claim against another person or entity for causing you personal injuries, you are likely aware that any such claims have time limits. In fact, these time limits can bar an injured person from justice.

These time limits – called statutes of limitation – have understandable purposes. But they can be confusing in some circumstances – particularly those involving allegations of medical malpractice. And, they can be absolute black and white bars to court if an injured person misses the deadline.

One recent case out of Tacoma highlights these last two points. It involved an allegation that a man died as a result of negligence at St. Joseph’s Hospital. Because it was not only a medical malpractice claim, but also a wrongful death claim, two possible statutes of limitations (a/k/a time limits) might have applied.

And, because the malpractice and the death didn’t occur simultaneously (the latter was 10 days after the former), there were two possible time limits that applied – one three years after the malpractice, and one three years after the death.

The widow of the deceased man filed a lawsuit more than three years after the negligence, but less than three years after the death. The defendant asked the court to throw out her lawsuit because it was too late – the time limit governing medical malpractice cases applies. Of course, the widow argued that it was the time limit governing wrongful death cases that governed.

Unfortunately for the widow, the appeals court sided with the hospital – and her claim for wrongful death was time barred.

While this case (Soocey v. CHI Franciscan) may be appealed to the State Supreme Court, until it does, and until our Supreme Court clears up this and other confusion regarding such time limits, claimants should beware of missing out on timely filing claims.