In Washington, you generally have three years from the date of the injury to file a personal injury lawsuit. Miss that deadline and, with few exceptions, your claim is gone for good — no matter how badly you were hurt or how clearly someone else was at fault. It is the single most important date in any injury case, and it is one worth knowing before you assume there is plenty of time.
How long do I have to file an injury claim in Washington?
The general statute of limitations for personal injury is three years (RCW 4.16.080). This covers most car accident, slip-and-fall, and negligence claims. If you do not file a lawsuit within that window, the court will almost certainly dismiss your case, and the insurance company knows it — which is why some adjusters are happy to keep "negotiating" as the clock runs down. But three years is the general rule, not a universal one: several types of claims run on different, often shorter, deadlines, which we cover below.
When does the three-year clock start?
Usually on the date of the accident. In some cases where an injury was not discovered — and could not reasonably have been discovered — right away, Washington's "discovery rule" can delay the start of the clock until you knew or should have known you were harmed. That exception is narrower than people hope, so it is never safe to rely on it. The safe assumption is that your three years runs from the day of the crash.
Are there exceptions that change the deadline?
Yes — several, and the important ones make the deadline shorter, not longer:
- Claims against the federal government. If a federal employee, vehicle, or facility is involved (a postal truck, a VA hospital, federal property), the claim falls under the Federal Tort Claims Act, which requires filing a formal administrative claim within two years and following a separate federal process before you can sue.
- Common carriers and public agencies. Cases involving buses, public transit, and other common carriers or government entities can carry their own notice requirements and shorter deadlines. A claim against a Washington city, county, the state, or a transit agency requires a formal tort claim notice and a 60-day waiting period before you can file suit (RCW 4.96.020).
- Injured minors. For someone hurt as a child, the clock is generally paused until they turn 18 (RCW 4.16.190).
- Wrongful death. A claim for a death caused by negligence has its own three-year period, generally running from the date of death (RCW 4.20.010).
Because these exceptions are specific and easy to get wrong — and because more than one deadline can apply to the same incident — the deadline in your particular case is something to confirm early, not guess at.
Why shouldn't I just wait until near the deadline?
Because a strong case is built long before the deadline. Evidence disappears, vehicles get repaired, witnesses move and forget, and medical records need to be gathered and organized. Waiting also hands the insurer leverage: the closer you get to three years without having filed, the more pressure you are under to accept whatever they offer. Starting early is not about rushing to court; it is about preserving your claim's value.
Talk to a Washington attorney before your time runs out
If you were injured in Washington and are unsure how long you have, the answer is worth a free phone call — especially if a government entity might be involved or the injury was to a child. We can confirm your deadline and start protecting your claim now. If you are around Federal Way or the South Sound, call or text (206) 429-5227 or contact us here.
Related: Insurance after a car accident in Washington: the full guide · What to do after a car accident in Washington
