Deadlines to File an Injury Lawsuit in Washington
How long you have to sue in Washington for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: Three years for any injury to the person or rights of another not otherwise listed in the limitations statutes. Rev. Code Wash. § 4.16.080(2)
| Deadline to sue for an injury | Three years for any injury to the person or rights of another not otherwise listed in the limitations statutes. Source: Rev. Code Wash. § 4.16.080(2) |
|---|---|
| Deadline to sue for property damage | Three years for taking, detaining or injuring personal property (such as a car), and three years for waste or trespass on real property. |
| Medical malpractice deadline | Three years from the act or omission, or one year from when the patient discovered or reasonably should have discovered that the injury was caused by it, whichever is later, but no more than eight years after the act or omission. The time is tolled for fraud, intentional concealment, or a foreign object left in the body until the patient has actual knowledge, after which the patient has one year. For minors, a parent's or guardian's knowledge is imputed to the child. Source: Rev. Code Wash. § 4.16.350 |
| Suing the government | State: a claim must be presented to the Office of Risk Management on the standard tort claim form, and no lawsuit may be filed until 60 days after the claim is presented (the limitations period is paused during those 60 days). Local governments: a claim on the standard tort claim form must be presented to the agent appointed by the local government within the limitations period, and no lawsuit may be filed until 60 days after presentment (again, the limitations period is paused). The form asks for a description of the incident, the injury, the time and place, people involved, the amount claimed and the claimant's residence. Local governments: https://app.leg.wa.gov/RCW/default.aspx?cite=4.96.020 |
More Washington personal injury & wrongful death
- Wrongful Death Lawsuits in Washington
- Medical Malpractice Rules in Washington
- Car Accident Claims in Washington
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- Motorcycle Accident Claims in Washington
- Pedestrian Accident Claims in Washington
- Bicycle Accident Claims in Washington
- Uber and Lyft Accident Claims in Washington
- Truck Accident Claims in Washington
- Construction Site Injuries in Washington
- All Washington personal injury & wrongful death rules
FAQ
What is the statute of limitations for personal injury in Washington?
Three years for any injury to the person or rights of another not otherwise listed in the limitations statutes.
How long do you have to sue for property damage in Washington?
Three years for taking, detaining or injuring personal property (such as a car), and three years for waste or trespass on real property.
What is the statute of limitations for medical malpractice in Washington?
Three years from the act or omission, or one year from when the patient discovered or reasonably should have discovered that the injury was caused by it, whichever is later, but no more than eight years after the act or omission. The time is tolled for fraud, intentional concealment, or a foreign object left in the body until the patient has actual knowledge, after which the patient has one year. For minors, a parent's or guardian's knowledge is imputed to the child.
How do you file an injury claim against the government in Washington?
State: a claim must be presented to the Office of Risk Management on the standard tort claim form, and no lawsuit may be filed until 60 days after the claim is presented (the limitations period is paused during those 60 days). Local governments: a claim on the standard tort claim form must be presented to the agent appointed by the local government within the limitations period, and no lawsuit may be filed until 60 days after presentment (again, the limitations period is paused). The form asks for a description of the incident, the injury, the time and place, people involved, the amount claimed and the claimant's residence.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.