Washington Personal Injury Law Resources

Washington is an at-fault state with a three-year statute of limitations, pure comparative fault (a plaintiff can recover even at 99% fault), and no caps on compensatory damages economic or non-economic in any category of personal injury case. However, Washington is one of a small number of states that does not allow punitive damages in personal injury cases. Auto insurance liability minimums are 25/50/10.

Statute of Limitations

General Personal Injury THREE Years

Washington provides a three-year statute of limitations for most personal injury claims under RCW 4.16.080(2). This applies to motor vehicle accidents, premises liability, product liability, and general negligence.

Specific Deadlines

Wrongful death: Three years from the date of death.

Medical malpractice: The later of three years from the date of the negligent act or one year from the date the injury was or should have been discovered (RCW 4.16.350). Washington's Supreme Court struck down the former eight-year statute of repose in 2023.

Intentional torts (assault, battery): Two years (RCW 4.16.100).

Property damage: Three years.

Government Claims Shorter Deadlines

Claims against state agencies require filing a tort claim form with the Office of Risk Management. Claims against local governments (cities, counties) must follow notice requirements typically a formal claim must be filed before suit. A plaintiff may not sue a local government until at least 60 days after filing the required claim form (RCW 4.96.020). Specific notice deadlines vary by jurisdiction.

Tolling

The statute is tolled for minors (until age 18), mental incapacity, and absence of the defendant from the state. The discovery rule applies when injuries are not immediately apparent.

Pure Comparative Fault No Bar

Washington follows a pure comparative fault rule under RCW 4.22.005. A plaintiff can recover damages even if they are 99% at fault their award is simply reduced by their percentage of fault. Only a plaintiff who is 100% at fault is barred.

Washington applies pure several liability each defendant is liable only for their proportionate share of fault. There is no joint and several liability in most cases.

Damage Caps

No Caps on Compensatory Damages

Washington imposes no caps on economic or non-economic damages in any category of personal injury case. There are no caps on medical malpractice, auto accidents, premises liability, product liability, or any other personal injury claim.

No Punitive Damages

Washington is one of a small number of states that does not allow punitive damages in personal injury cases. Plaintiffs cannot recover damages intended to punish the defendant, regardless of how egregious the conduct.

Government Liability

Government tort liability is not subject to statutory damage caps in Washington, but sovereign immunity doctrines and specific statutory immunities may limit recovery in certain circumstances.

Auto Insurance Requirements

Washington is an at-fault (tort) state.

Liability Minimums 25/50/10

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $10,000 per accident for property damage

PIP Optional

Washington does not require Personal Injury Protection (PIP), but insurers must offer PIP coverage. If not rejected in writing, PIP may be included. PIP covers medical expenses and lost wages regardless of fault.

UM/UIM Must Be Offered

Uninsured/Underinsured Motorist coverage must be offered but can be rejected in writing.

Where Personal Injury Cases Are Filed

Personal injury lawsuits are filed in Superior Court (general jurisdiction). District Court handles civil claims up to $100,000. Small Claims Court handles cases up to $10,000. Washington has 39 counties, each with a Superior Court.

King County (Seattle), Pierce County (Tacoma), Snohomish County (Everett), Spokane County, and Clark County (Vancouver) handle the highest volumes of personal injury litigation.

Common Types of Personal Injury Cases in Washington

Washington's large population centers, extensive highway system, maritime industry, outdoor recreation culture, and diverse geography generate substantial personal injury litigation. Common case types include motor vehicle accidents (particularly on I-5, I-90, I-405, SR-99, and SR-520, with rain and wet conditions contributing to many crashes), commercial truck accidents, motorcycle accidents, pedestrian and bicycle accidents (Seattle ranks among the most bicycle-friendly cities and has significant pedestrian traffic), premises liability (including slip-and-fall, retail injuries, and property security), medical malpractice, product liability (including strict liability Washington applies strict liability for defective products), wrongful death, construction accidents (Seattle and the Puget Sound region have extensive construction activity), workplace injuries (separate from workers' compensation), dog bites (Washington follows strict liability owner is liable regardless of prior knowledge under RCW 16.08.040), maritime and Jones Act injuries (Puget Sound, Port of Seattle, Port of Tacoma), ferry accidents (Washington State Ferries operates the largest ferry system in the U.S.), ski and snowboard injuries (Crystal Mountain, Stevens Pass, Mount Baker inherent risk doctrines apply), logging and forestry accidents, agricultural injuries (Eastern Washington), nursing home abuse, rideshare (Uber/Lyft) accidents, and Boeing and aerospace industry-related injuries.

This page provides general legal information about Washington personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Washington to discuss the specific facts of your case.