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Washington · NEC baby formula claims: what parents can do

NEC baby formula claims: what parents can do in Washington

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Filing deadlineAge 21 for surviving minor's personal injury claim; 3 years from death for wrongful deathRCW § 4.16.080

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Washington?

Washington personal injury SOL: 3 years (RCW § 4.16.080). Minor tolling: SOL tolled until age 18, then 3-year SOL runs — child's claim expires at age 21 (RCW § 4.16.190). Wrongful death: 3 years from death (RCW § 4.16.080). A lawyer can confirm yours.

Age 21 for surviving minor's personal injury claim; 3 years from death for wrongful death

Washington follows pure comparative fault — plaintiffs can recover even if substantially at fault, with recovery reduced proportionally. Washington Product Liability Act (RCW § 7.72) governs product claims.

Source: RCW § 4.16.080

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Washington's 3-year personal injury SOL is tolled for minors until age 18 — surviving NEC children have until age 21 to file, one of the longer protected windows in the country. Washington follows pure comparative fault, allowing recovery even if the plaintiff bears some share of responsibility. Washington has significant NICU capacity in Seattle and other major cities.

Medical facilities in Washington

  • Seattle Children's Hospital — NICU (Level IV)

  • UW Medical Center — NICU (Level III)

How this works nationally

For the overall process and updates, read the NEC baby formula claims: what parents can do overview. This page covers the local information available for Washington.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Washington? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

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Sources

  1. RCW § 4.16.080