In most personal injury cases, the Washington statute of limitations provides three years from the date of the incident to take legal action, though certain exceptions may apply. If you fail to file within this timeframe, you may lose the ability to pursue compensation for medical expenses, lost wages, and other damages.
Speaking with a team of Bellevue personal injury lawyers can help you understand how the statute impacts your case and whether you’re still eligible to file a lawsuit.
Taking timely action is important to protect your rights and seek the compensation you deserve.
The Washington Statute of Limitations Is Generally Three Years
In Washington, the statute of limitations for a personal injury lawsuit is usually three years, as outlined in the Revised Code of Washington (RCW) § 4.16.080(2). This means that you typically have three years from the date of the injury or accident to file a lawsuit in court.
This time limit applies to most personal injury lawsuits, including car accidents, slips and falls, and other incidents caused by someone else’s negligence. In most cases, the clock begins ticking on the date of the incident.
For example, if you were injured in a car accident on January 1, 2023, you would generally need to file your lawsuit by January 1, 2026. If you fail to file within these three years, the court will likely dismiss your case, and you may lose your ability to recover compensation for medical bills, lost wages, and other damages.
Start Working on Your Case as Soon as Possible
While the statute of limitations sets a firm deadline, there are steps you should take well before this period ends. Evidence can deteriorate or disappear over time, and witnesses’ memories may fade.
Some legal cases begin with filing an insurance claim and negotiating for a settlement, which can also take longer than expected. The Washington statute of limitations does not stall while your lawyers are building your case or negotiating with a liable party, either.
Starting the legal process early allows you and your attorney to build a stronger case. Personal injury lawyers can help ensure that your lawsuit is filed on time and that no important deadlines are missed. They can also evaluate whether any exceptions to the statute of limitations apply to your case.
The Washington Statute of Limitations for Wrongful Death
In Washington, the statute of limitations for wrongful death lawsuits is three years from the date of the person’s death, as outlined in the Revised Code of Washington (RCW) § 4.16.080(2). Surviving family members or the personal representative of the deceased person’s estate must file a wrongful death lawsuit within three years of the death.
Failing to meet this deadline could result in your lawsuit being dismissed, preventing your family from seeking justice and compensation. The three-year period begins on the date of death, not necessarily the date of the accident or incident that caused the death.
For example, if someone is injured in a car accident but passes away weeks or months later due to their injuries, the statute of limitations begins on the date of their passing.
Exceptions to the Washington Statute of Limitations
While the general statute of limitations for personal injury lawsuits is three years, there are important exceptions that can extend or pause (also known as “tolling”) the statute of limitations in certain situations.
Cases Involving Minors
If the injured party is under the age of 18 at the time of the injury, the statute of limitations does not begin to run until they turn 18. A minor generally has until their 21st birthday to file a personal injury lawsuit, regardless of when the injury occurred.
For example, if a 15-year-old is injured in an accident, they have three years from their 18th birthday until they turn 21 to file a lawsuit.
The Discovery Rule
In some cases, the injured person may not immediately realize they were harmed or may not know that someone else’s negligence caused their injury. Under Washington’s “discovery rule,” the statute of limitations begins to run when the injury is discovered or reasonably should have been discovered.
This exception is particularly relevant in cases involving latent injuries, such as those caused by exposure to toxic substances, medical malpractice, or defective products. For example, if a person discovers years later that they suffered harm due to a surgical mistake, they may still be able to file a lawsuit within three years of discovering the injury.
When the Defendant Is Absent or Incapacitated
If the person responsible for the injury (the defendant) is absent from Washington state or otherwise cannot be located, the Washington statute of limitations may be paused until they return or are found.
This exception ensures that a defendant cannot avoid liability simply by leaving the state or becoming unavailable. Similarly, if the defendant is incapacitated (e.g., mentally incompetent), the statute of limitations may be tolled until the defendant regains capacity.
Our Attorneys Can Help You File Your Personal Injury Lawsuit on Time
At Premier Law Group, we understand how important it is to protect your rights and seek the compensation you deserve. With over $100 million recovered for our clients, our experienced team is ready to fight for you every step of the way.
If you’re unsure about how much time you have to file your lawsuit—or whether any exceptions apply to your case—don’t wait. We’re here to provide clarity and guidance. Let us handle the legal process so you can focus on what matters most.
Contact Premier Law Group today for a free case review.
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