Personal Injury Statute of Limitations in Washington
Last verified 2026-07 · Source: Wash. Rev. Code § 4.16.080(2) ✓ verified · 3 sources
The deadline
3 years
from Date of injury, under Wash. Rev. Code § 4.16.080(2).
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The deadline to file a personal injury lawsuit in Washington is 3 years, set by Wash. Rev. Code § 4.16.080(2). It starts running on Date of injury. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Washington Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Personal Injury | 3 years | Wash. Rev. Code § 4.16.080(2) |
| Car Accident | 3 yrs | Wash. Rev. Code § 4.16.080 |
| Credit Card Debt | 6 yrs | RCW 4.16.040(1)-(2) |
| Medical Malpractice | 3 yrs | RCW 4.16.350 |
| Wrongful Death | 3 yrs | Wash. Rev. Code § 4.16.080(2) |
| Dog Bite | 3 yrs | RCW § 16.08.040; SOL: RCW § 4.16.080 |
| Slip and Fall | 3 yrs | Wash. Rev. Code § 4.16.080(2) |
| Defamation | 2 yrs | Wash. Rev. Code § 4.16.100 |
| Breach of Contract | 6 yrs | RCW 4.16.040 |
| Medical Debt | 6 yrs | RCW 4.16.040 |
When the Clock Starts
In Washington, the limitations period for personal injury lawsuits generally begins on Date of injury. Washington recognizes a discovery rule for this claim type: Washington courts recognize the discovery rule for latent injuries; RCW 4.16.190 provides general tolling for disability; medical malpractice has a specific discovery rule under RCW 4.16.350(3) — three years from malpractice or one year from discovery, not to exceed eight years
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Must file written tort claim with the state Risk Management Office (RCW 4.92.110) or local government clerk (RCW 4.96.020) and wait at least 60 days before filing suit; failure to file claim bars the action
- Damage caps: No cap on personal injury compensatory damages against private defendants; punitive damages are prohibited in Washington
Pure comparative fault — plaintiff's recovery reduced proportionally by their own percentage of fault with no threshold bar. RCW 4.16.190 tolls the limitations period for persons under legal disability including minors under 18 and persons unable to understand proceedings. Washington prohibits punitive damages but imposes no limit on compensatory recovery.
Source: Wash. Rev. Code § 4.16.080(2), official Washington statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Washington government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Washington Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Washington | 3 years | Wash. Rev. Code § 4.16.080(2) |
| Idaho | 2 yrs | Idaho Code § 5-219(4) |
| Oregon | 2 yrs | Or. Rev. Stat. § 12.110(1) |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Washington?
You have 3 years from Date of injury, under Wash. Rev. Code § 4.16.080(2).
Can I still sue after 3 years in Washington?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to personal injury lawsuits in Washington?
Yes. Washington courts recognize the discovery rule for latent injuries; RCW 4.16.190 provides general tolling for disability; medical malpractice has a specific discovery rule under RCW 4.16.350(3) — three years from malpractice or one year from discovery, not to exceed eight years
What if the victim was a minor?
Washington generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Must file written tort claim with the state Risk Management Office (RCW 4.92.110) or local government clerk (RCW 4.96.020) and wait at least 60 days before filing suit; failure to file claim bars the action
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Sources
- Official RCW 4.16.080 — Actions limited to three years (Washington State Legislature)
- Corroborating Washington Personal Injury Statute of Limitations — Nolo
- Corroborating Washington Civil Statute of Limitations Laws — FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Washington attorney.