Washington · Personal Injury Statute of Limitations

How long do you have to file a personal injury lawsuit in Washington?

Washington gives you 3 years from the date of injury to file a personal injury lawsuit under Wash. Rev. Code § 4.16.080.

Updated 2026-05-22 · See all 50 states

Key facts: Washington

Personal injury deadline
3 years
Wash. Rev. Code § 4.16.080
Wrongful death deadline
3 years
Wash. Rev. Code § 4.20.010
When the clock starts
Generally the date of injury for personal injury claims; the date of death for wrongful death. Washington follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
Last verified
2026-05-22
Source type
Primary (state code or court opinion)

Details and exceptions for Washington

Three years for both PI and wrongful death (from date of death). Only the personal representative of the estate may file a wrongful death suit. Government tort claims require a 60-day pre-suit notice under RCW § 4.96.020.

Related: Washington comparative negligence rule

Washington follows a pure comparative rule. Pure comparative fault; contributory fault diminishes damages proportionally but does not bar recovery at any percentage.

Read the full Washington comparative negligence rule →

This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Washington attorney before relying on it.

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Washington Statute of Limitations FAQ

How long do I have to file a personal injury lawsuit in Washington?

In Washington, the general personal injury statute of limitations is 3 years from the date of injury under Wash. Rev. Code § 4.16.080. Three years for both PI and wrongful death (from date of death). Only the personal representative of the estate may file a wrongful death suit. Government tort claims require a 60-day pre-suit notice under RCW § 4.96.020.

Does Washington have a separate deadline for wrongful death?

Yes. Washington's wrongful death statute of limitations is 3 years under Wash. Rev. Code § 4.20.010. The clock typically begins on the date of death rather than the date of the underlying injury.

What happens if I miss the Washington personal injury deadline?

The court will almost certainly dismiss the lawsuit on a motion by the defendant, regardless of the strength of the underlying claim. Some exceptions can pause or extend the deadline, including the discovery rule, tolling for minors, and tolling while a defendant is out of state, but none are automatic. Talk to a Washington personal injury attorney before assuming a claim is barred.

What is Washington's comparative negligence rule?

Washington follows a pure comparative rule under Wash. Rev. Code § 4.22.005. Pure comparative fault; contributory fault diminishes damages proportionally but does not bar recovery at any percentage.

Where can I read the actual statute?

The controlling statute is Wash. Rev. Code § 4.16.080. The full text is available on the official Washington legislature website at https://app.leg.wa.gov/rcw/default.aspx?cite=4.16.080.

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