What is the statute of limitations for personal injury claims in Washington?

Seattle Personal Injury Lawyer Preet Kode Can Help You Understand How the Statute of Limitations Applies to Your Claim

Legal deadlines are likely the furthest thing from your mind after you’ve been injured in an accident caused by another person’s negligence. But as medical bills mount and you're forced to miss work, you may wonder: Is it too late to take action against the person who caused your suffering?

The statute of limitations is the legal time limit you have to file a personal injury lawsuit. In Washington, most negligence-based personal injury claims are subject to a three-year statute of limitations under RCW 4.16.080(2). Some claims have shorter deadlines, some have later starting points, and claims involving government entities require an extra procedural step.

At Kode Law Firm, Seattle personal injury lawyer Preet Kode can evaluate your situation and help you understand your legal options. In the meantime, here's what you should know about the statute of limitations for personal injury claims in Washington.

When Does the Clock Start Ticking?

In most personal injury cases, the statute of limitations starts running on the date the injury occurs. For an obvious injury from a car accident or a fall, that date is usually clear, and the three-year countdown begins immediately.

In a narrower set of cases, Washington's "discovery rule" can delay when the claim accrues. Under that rule, the limitations period does not begin until the injured person knew, or through reasonable diligence should have known, the facts underlying the claim. In Green v. A.P.C., 136 Wn.2d 87, 960 P.2d 912 (1998), the Washington Supreme Court described this as knowledge of the essential elements of the cause of action: duty, breach, causation, and damages.

Two things are important to understand about the discovery rule, because it is often described online as more generous than it is:

• It is a narrow exception, not the default. Washington courts treat the discovery rule as a limited departure from ordinary accrual, and the injured person carries the burden of showing the facts could not reasonably have been discovered sooner. See Allen v. State, 118 Wn.2d 753, 826 P.2d 200 (1992).
• You do not have to be certain someone was negligent for the clock to start. The rule turns on knowledge of the underlying facts, not on legal confirmation that a claim exists. Once you have notice of the facts, the period can begin running even if the question of fault is still unresolved.

This most often comes into play with medical malpractice claims involving injuries that are not immediately apparent, such as those caused by a surgical error or delayed diagnosis, and with latent injuries from toxic exposure. Because the rule is applied narrowly and depends heavily on your specific facts, it is not something to rely on without having your case reviewed.

Claims With a Shorter Deadline Than Three Years

Not every injury claim gets three years. Under RCW 4.16.100(1), an action for assault, assault and battery, or false imprisonment—along with libel and slander—must be brought within two years.

This matters more often than people expect. If you were hurt by someone's intentional act rather than their carelessness, you may have a year less than you think. The line between an intentional tort and negligence is not always obvious from the facts, and how a claim is characterized can determine which deadline applies. If anyone deliberately harmed you, have the claim reviewed early rather than assuming the three-year rule covers it.

Are There Exceptions to the Three-Year Statute of Limitations?

Washington law carves out several other important exceptions: 

• Wrongful death claims. When someone dies because of another party's negligence, the claim generally must be brought within three years under RCW 4.16.080(2), measured from the date of death rather than the date of the injury. This matters when a person is hurt in a car accident and dies weeks or months later. Under RCW 4.20.010, the action is brought by the personal representative of the estate on behalf of the statutory beneficiaries.
• Claims involving injured minors. Under RCW 4.16.190, the limitations period is generally tolled while an injured claimant is under 18, so the three-year clock runs from the child's eighteenth birthday. Important exception: this tolling protects a minor's own injury claim. It does not extend a wrongful death claim simply because a surviving beneficiary is a child—that three-year period still runs from the date of death.
• Medical malpractice claims. These follow a separate statute, RCW 4.16.350(3), with its own discovery rule and tolling provisions. See our medical negligence page for details.

Special Rules for Claims Against Government Entities

If a state or local government employee, agency, or property was involved in your injury, Washington adds a procedural step before you can file suit. This is one of the most commonly misunderstood areas of Washington injury law, and getting it wrong can end an otherwise valid claim.

The underlying deadline does not change. Unlike many states, Washington does not impose a separate short notice deadline for government claims. Your claim must be presented within the applicable limitations period, which for most injury claims is three years. What Washington requires instead is a mandatory waiting period after you present your claim.

• Claims against the State of Washington. Under RCW 4.92.100, the claim must be presented to the Office of Risk Management in the Department of Enterprise Services on the standard tort claim form. Under RCW 4.92.110, no lawsuit may be commenced until 60 calendar days have elapsed after presentation. The limitations period is tolled during that 60-day period.
• Claims against cities, counties, and other local entities. Under RCW 4.96.020, the claim must be presented to the agent the entity has appointed to receive claims—that agent's identity and address are recorded with the county auditor. No suit may be commenced until 60 calendar days have elapsed after presentment, and the limitations period is tolled during those 60 days. An action commenced within five court days after the 60-day period ends is treated as filed on the first day after it elapsed.

Two practical warnings. First, identifying the correct government entity is not always obvious—a road that looks like a city street may be maintained by the county or the state, and presenting a claim to the wrong entity does not satisfy the requirement. Second, if you present your claim close to the end of the limitations period, the mandatory 60-day wait creates real timing pressure. Both presentment statutes direct that their requirements be liberally construed so that substantial compliance is sufficient, but that is not a reason to rely on an imperfect or late filing.

Claims involving federal employees or facilities—including VA hospitals and military medical centers—are governed by the Federal Tort Claims Act rather than these statutes, and carry their own administrative deadline that is shorter than Washington's. If any federal entity may be involved, have your claim reviewed promptly.

What If the Statute of Limitations Has Already Passed?

If the statute of limitations has expired on your personal injury claim, you may have very limited options for pursuing compensation. The defendant will almost certainly ask the court to dismiss your case, and the judge will likely grant that request.

However, don't assume your claim is time-barred without speaking to an experienced personal injury attorney. In certain situations, the limitations period may be longer than it first appears:

• The defendant left the state or concealed themselves within it. Under RCW 4.16.180, the limitations period does not run while the person you would sue is absent from Washington or is concealed within the state.
• The claimant was legally incapacitated. RCW 4.16.190 tolls the period for a claimant who is a minor or who is incapacitated to the point of being unable to understand the nature of the proceedings.
• The injury or its cause could not reasonably have been discovered sooner. The discovery rule discussed above can delay accrual, most often in medical negligence and latent-injury cases.
• The parties entered a written tolling agreement. Parties sometimes agree in writing to suspend a limitations period while they attempt to resolve a claim. Whether such an agreement is enforceable depends on its terms and the circumstances.
• The claim is governed by a different statute than you assumed. Product liability, construction, and health care claims each have their own limitations framework, and the deadline you were told about may not be the one that applies to your situation.

One point specific to injuries and deaths caused by criminal conduct: a pending criminal investigation or prosecution does not, by itself, pause the civil deadline. A civil claim and a criminal case are separate proceedings on separate timelines, and no Washington statute tolls the civil limitations period until a suspect is arrested or a prosecution concludes. Families sometimes wait for the criminal case to finish and then discover the civil deadline has passed. If a loved one's death or your own injury is the subject of a criminal case, speak with a civil attorney now rather than waiting for the outcome.

Protect Your Right to Compensation With Help From Our Seattle Personal Injury Lawyer 

Seattle personal injury lawyer Preet Kode and the team at Kode Law Firm are ready to put their experience to work for you. We can review your case, explain how the statute of limitations applies to your claim, and develop a strategy for pursuing the compensation you need to move forward after a car accident, slip and fall, or other serious injury. 

Don't let concerns about cost stop you from getting the legal representation you deserve. We offer free initial consultations, and you won't pay attorney fees unless we recover compensation for you. With our help, you can focus on healing while we handle the legal heavy lifting.

Reviewed for legal accuracy by Preet Kode, Kode Law Firm, on August 10, 2026.
This page provides general information about Washington filing deadlines and is not legal advice. Reading it does not create an attorney-client relationship. Which deadline applies to your claim depends on its specific facts, and statutes and case law change. Do not rely on this page in place of advice from an attorney about your own situation.