In Washington, the clock starts the moment you are injured. Under RCW 4.16.080, most personal injury claims must be filed within three years of the date of injury. This covers car accidents, slip and falls, most premises liability cases, and many other claims. Miss the deadline and a court will almost certainly dismiss your case, no matter how strong it is.
The General Rule: Three Years
Washington gives most injury victims three years from the date of the injury to file a lawsuit, under RCW 4.16.080(2). Three years can feel like a long time, but it passes quickly while you are recovering, dealing with insurers, and trying to return to work.
Evidence fades long before the legal deadline arrives. Witnesses move, surveillance footage is overwritten, and skid marks wash away. The practical deadline to start building a strong case is far sooner than the deadline to file.
Claims Against Government Entities
If your injury involves a government entity — a city bus, a county vehicle, a dangerous condition on a state road, or a fall in a public building — Washington requires you to first file a formal tort claim with the entity and then wait 60 days before suing, under RCW 4.92 (state) and RCW 4.96 (local governments).
These claim filings have strict content and presentation requirements. A defective notice can delay or bar your claim. Because so many Washington accidents involve a government component, it is dangerous to assume you simply have the full three years.
The Discovery Rule and Other Exceptions
Washington recognizes a discovery rule that can delay when the clock starts. When an injury is not immediately apparent — such as a misdiagnosis or exposure to a harmful substance — the period may begin when you knew or reasonably should have known of the injury and its cause.
Other circumstances can pause, or 'toll,' the clock. For minors, the deadline generally does not begin until they turn 18. For someone deemed incompetent, the period may be tolled during the incapacity. These exceptions are fact-specific and frequently disputed, so they should never be relied on without legal guidance.
Why Acting Early Protects Your Claim
Beyond deadlines, early action preserves the evidence that wins cases. An attorney can send litigation-hold letters so a trucking company cannot delete electronic logs, secure surveillance footage before it loops, and document a hazard before it is repaired.
If you were injured in Washington, do not wait to learn which deadline applies. A free case review can pin down the exact timeline for your claim and make sure no deadline slips past.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Washington attorney.