Washington Personal Injury Statute of Limitations

The Statute of limitations is the deadline for filing a personal injury lawsuit in court. In Washington, missing this deadline almost always means the claim is permanently barred — no matter how strong the evidence, how severe the injury, or how clear the defendant's fault.

The general personal injury statute of limitations in Washington is 3 years from the date of injury. This covers negligence claims arising from car accidents, slip and falls, defective products, and other incidents causing bodily harm.

Three years for personal injury. RCW § 4.16.080.

Wrongful death claims must be filed within 3 years of the date of death — not the date of the negligent act that ultimately caused death. Three years under the general period for any other injury to the person or rights of another (RCW § 4.16.080(2)); the wrongful death action itself is created by RCW § 4.20.010 and is brought by the decedent's personal representative.

Medical malpractice claims in Washington have specific deadline rules that may differ from the general personal injury statute.

3 years from discovery; 8-year repose (§4.16.350). A written, good faith request for mediation of the dispute before filing suit tolls the limitations period for one year (§7.70.110). No damages caps. No mandatory pre-suit requirements.

Washington recognizes a discovery rule — the statute of limitations may start when the injury was discovered (or should have been discovered through reasonable diligence) rather than when the negligent act occurred.

This is particularly important in cases where injuries are not immediately apparent: medical malpractice (a foreign object left during surgery), toxic exposure, or defective products that cause progressive harm.

Discovery rule applied by case law: SOL begins when plaintiff discovers or should discover the cause of action. Medical malpractice: 3-year repose from discovery.

A statute of repose sets an absolute outer deadline — it cannot be extended by the discovery rule, tolling, or any other exception. In Washington, the repose period is 8 years from the date of the act or omission.

Eight-year statute of repose for medical malpractice from date of act or omission. RCW § 4.16.350.

Certain circumstances may pause (toll) the statute of limitations, effectively extending the filing deadline:

• Minority — if the injured person is under 18, the statute of limitations is typically tolled until they reach the age of majority. A parent or guardian can file on the minor's behalf before then.
• Mental incapacity — if the injured person is mentally incapacitated at the time of injury, the clock may not start until capacity is restored
• Defendant absence from the state — if the defendant leaves Washington, the time away may not count toward the limitations period
• Fraudulent concealment — if the defendant actively concealed the injury or the cause of harm, the clock may be tolled until discovery

Claims against Washington government entities have separate, shorter notice requirements that must be satisfied before a lawsuit can be filed: Claims against the State: presented to the Office of Risk Management on the standard tort claim form; the statute sets no separate claim-filing deadline. Local government claims: presented to the entity's designated agent within the applicable statute of limitations; suit is then barred for 60 calendar days after presentment (the 60 days toll the limitations period) (§4.96.020).

Washington Tort Claims Act ([RCW § 4.92.010 et seq.]). The State (§4.92.090) and local governmental entities (§4.96.010) are liable for tortious conduct to the same extent as a private person or corporation; these statutes set no general damages cap, though other statutes and immunities may limit recovery. Must file formal claim before suit (; §4.96.010).