How Long Do You Have to File a Personal Injury Claim in Washington?

How Long Do You Have to File a Personal Injury Claim in Washington?

Time slips away quickly after an accident. While you focus on medical treatment and recovery, Washington's legal clock keeps ticking toward a deadline that could end your right to compensation forever. Understanding how long you have to file a personal injury claim helps you protect your future and hold negligent parties accountable for the harm they caused.

Key Takeaways for Personal Injury Filing Deadlines in Washington

• Washington provides three years from the injury date to file most personal injury lawsuits under RCW 4.16.080.
• Government claims require special notice procedures with a 60-day waiting period before filing suit.
• The discovery rule may extend deadlines when injuries aren't immediately apparent.
• Missing the deadline typically eliminates your right to compensation permanently.
• Certain circumstances like minority age or defendant absence can pause the time limit.

Washington's Three-Year Personal Injury Deadline

Most personal injury claims in Washington fall under a three-year statute of limitations. This legal deadline, established by RCW 4.16.080(2), begins running from the date of your injury. The law covers a broad range of claims, including car accidents, slip and falls, dog bites, and other incidents where someone's negligence caused your harm.

The three-year period might seem generous, but time passes quickly when you’re dealing with injuries. Medical appointments, insurance negotiations, and daily life can quickly consume months before you realize how much time has elapsed. Starting your legal process early helps preserve evidence, maintains witness availability, and provides leverage in settlement discussions.

What the Deadline Really Means

Filing a lawsuit before the deadline starts the case, but Washington also requires timely service. An action is "commenced" for statute-of-limitations purposes by either filing or service, so long as the other step occurs within 90 days. In practice: file before the deadline and make sure defendants are served within 90 days (or serve first, then file within 90 days). Once properly commenced, your case can continue through discovery, negotiations, and trial for years beyond the initial deadline.

However, missing this deadline by even one day typically proves fatal to your claim. Courts strictly enforce these deadlines—even a one-day miss could end your case before it’s begun. Insurance companies know this and may deliberately delay negotiations, hoping you'll miss your filing deadline.

Different Deadlines for Different Claims

While the three-year rule covers most personal injury cases, Washington law establishes different time limits for specific claim types. Understanding which deadline applies to your situation prevents costly mistakes.

Two-Year Deadline for Intentional Harm

Claims involving intentional conduct face a shorter two-year deadline under RCW 4.16.100. This includes:

• Assault and battery
• False imprisonment
• Libel and slander

(Other intentional torts not listed generally follow the three-year period for "injury to the person," RCW 4.16.080(2).)

The shorter deadline reflects the law's expectation that victims of intentional harm should pursue claims more quickly than accident victims. Intentional acts often involve criminal proceedings that preserve evidence and establish fault, reducing the need for extended investigation periods.

Medical Malpractice Special Rules

Medical malpractice claims follow unique timing rules under RCW 4.16.350. You must file within the later of:

• Three years from the date of the negligent medical care
• One year from discovering the injury

This dual deadline recognizes that medical negligence often causes hidden injuries. A surgical error might not cause problems until months or years later. The discovery rule ensures patients aren't penalized for injuries they couldn't have known about earlier.

Washington previously had an eight-year "statute of repose," but in 2023 the Washington Supreme Court struck it down. Today, patients must still meet the "three years from the act or one year from discovery (whichever is later)" rule—without a separate outer cap.

Wrongful Death Claims

When negligence causes death, the personal representative generally has three years to sue. The claim accrues at the date of death (not the injury date), and the three-year period comes from Washington's general personal-injury statute under RCW 4.16.080. RCW 4.20.010 creates the cause of action for wrongful death.

For example, if a car accident victim survives for months before succumbing to injuries, the wrongful death deadline begins at death rather than the accident date. Only the personal representative of the deceased's estate can file the lawsuit, though damages benefit surviving family members.

Government Claims Require Special Procedures

Injuries caused by government entities or employees trigger additional requirements beyond standard deadlines. These claims might involve dangerous road conditions, accidents with government vehicles, or injuries on public property.

State Government Claims

Before suing Washington state, you must file a tort claim notice with the Department of Enterprise Services Office of Risk Management. Key requirements include:

• Using the mandatory state tort claim form
• Filing within the standard three-year injury deadline
• Waiting at least 60 days before filing suit
• The 60-day waiting period tolls the statute of limitations

This process allows the state to investigate and potentially settle claims before litigation.

Local Government Claims

Cities, counties, and other local governments have similar notice requirements under RCW 4.96.020. Each local entity must designate an agent to receive claims, and you must:

• File notice on the standard tort claim form or the entity's own form
• Deliver the claim to the designated agent
• Wait 60 days before filing suit
• File within the applicable statute of limitations

Local governments may use the state's standard form or create their own. Check with the specific entity about their requirements, as procedures vary between jurisdictions. The 60-day waiting period tolls the statute of limitations.

Federal Government Claims

Claims against federal agencies or employees follow the Federal Tort Claims Act, requiring:

• Filing an administrative claim within two years of injury
• Waiting up to six months for agency response
• Filing suit within six months of claim denial

Federal deadlines differ significantly from state law, and missing federal requirements often proves fatal to claims. Consult an attorney immediately for federal injury claims.

When Time Limits Can Be Extended

Washington law recognizes that standard deadlines don't work fairly in every situation. Several exceptions may extend or pause the statute of limitations.

The Discovery Rule

Sometimes injuries remain hidden despite reasonable diligence. The discovery rule delays the deadline start until you discover or reasonably should discover both:

• The fact of injury
• Its connection to the defendant's conduct

This rule commonly applies to:

• Toxic exposure cases where illness develops years later
• Medical devices that fail after extended use
• Professional malpractice with delayed consequences
• Sexual abuse cases involving repressed memories

Courts examine whether a reasonable person in your situation would have discovered the injury earlier. Simply not realizing you could sue doesn't trigger the discovery rule.

Minority and Legal Disability

Children injured before age 18 receive extended time to file claims. The statute of limitations doesn't begin until their 18th birthday, giving them until age 21 for most personal injury claims.

Similar protections exist for adults with legal disabilities preventing them from managing their own affairs. The deadline pauses during periods of:

• Mental incapacity requiring guardianship
• Imprisonment before sentencing (pre-sentencing detention tolls the limitations period; ordinary post-sentencing incarceration does not)
• Other conditions making lawsuit filing impossible

Once the disability ends, the normal deadline period begins running.

Defendant's Absence

Under RCW 4.16.180, the deadline pauses if the defendant:

• Leaves Washington state
• Never resided in Washington
• Conceals themselves within the state

However, this tolling only applies when the absence prevents serving the defendant with lawsuit papers. Modern service methods and interstate cooperation limit this exception's usefulness.

Practical Steps to Protect Your Rights

Understanding deadlines means little without action. These steps help preserve your claim while navigating Washington's time limits.

Document Everything Immediately

Start building your case from day one by:

• Photographing injuries and accident scenes
• Keeping all medical records and bills
• Maintaining an injury journal documenting pain and limitations
• Preserving physical evidence like damaged property
• Recording witness information before memories fade

Early documentation strengthens your position whether you’re settling or suing. Insurance companies take well-documented claims more seriously.

Calculate Your Deadline Carefully

Mark your calendar with:

• The injury date
• The three-year anniversary (or applicable deadline)
• A reminder six months before the deadline
• Earlier reminders for government claims

Never rely on mental calculations or general timeframes. Write down specific dates and set multiple reminders. Missing the deadline by one day is the same as missing it by one year.

Don't Wait for Insurance Companies

Insurance adjusters know your deadline and may use delay tactics, hoping you'll miss it. Common stalling techniques include:

• Repeatedly requesting unnecessary documentation
• Claiming ongoing investigation needs
• Making lowball offers near the deadline
• Promising better offers if you wait

Start exploring legal options early. Waiting until the last minute limits your attorney's ability to properly prepare your case.

Special Considerations for Complex Cases

Some situations involve multiple deadlines or unclear start dates requiring careful analysis.

Multiple Defendants

Accidents often involve several potentially liable parties. Each defendant may have different deadline considerations:

• Direct tortfeasors face standard deadlines
• Employers may have different deadlines under respondeat superior
• Government entities require special notice procedures
• Product manufacturers might face different deadlines

Missing the deadline for one defendant doesn't necessarily bar claims against others, but coordination proves essential for full compensation.

Continuing Injuries

Some injuries worsen over time or require ongoing treatment. Washington law generally starts the deadline at the initial injury, not when treatment ends. However, each new negligent act might trigger its own deadline for additional damages.

Criminal Proceedings

Parallel criminal cases don't extend civil deadlines. While criminal convictions can help prove civil liability, waiting for criminal resolution risks missing your civil filing deadline. Pursue both tracks simultaneously when applicable.

Common Mistakes That Destroy Claims

Learning from others' errors helps protect your rights. These mistakes frequently result in missed deadlines and lost compensation.

Assuming Insurance Handles Everything

Insurance companies represent their own interests, not yours. They won't file lawsuits to protect your rights or warn you about approaching deadlines. Even your own insurance company prioritizes minimizing payouts over maximizing your recovery.

Misunderstanding the Discovery Rule

Many people incorrectly believe the discovery rule applies if they didn't immediately realize they could sue. Courts require actual hidden injuries, not just delayed recognition of legal rights. Don't assume the discovery rule extends your deadline without expert confirmation.

Waiting for Maximum Medical Improvement

While understanding your full damages helps value claims, waiting for complete recovery risks missing deadlines. File suit to preserve your rights, then continue treatment while the case proceeds. Lawsuits can be amended to include additional damages discovered later.

The Consequences of Missing the Deadline

Washington courts show little mercy for missed deadlines. Once the statute of limitations expires, you typically lose the right to compensation permanently.

Absolute Bar to Recovery

Missing the deadline creates an absolute defense for defendants. They need only prove the deadline passed, regardless of:

• Clear liability for your injuries
• Severe damages requiring compensation
• Sympathetic circumstances causing delay
• Minor timing miscalculations

Courts must dismiss untimely cases even when defendants clearly caused terrible harm.

Limited Exceptions

Courts occasionally allow late filing in extraordinary circumstances like:

• Defendant fraud that prevented timely filing
• Court clerk errors that caused missed deadlines
• Mutual mistakes about settlement that prevented suit

These exceptions rarely succeed and require proving extreme circumstances beyond your control.

Take Action Before Time Runs Out

Washington's statute of limitations creates an unforgiving deadline for personal injury claims. Whether you’re facing the standard three-year limit or navigating special rules for government claims, time remains your enemy. Each passing day brings you closer to losing compensation rights forever. 

Pendergast Law understands these critical deadlines and helps injured victims throughout Washington protect their rights. With offices in Seattle, Renton, and Tacoma, we fight for fair compensation while you focus on recovery. Don't let time steal your right to justice. Call (206) 620-0707 today for a free consultation and ensure your claim gets filed before it's too late.