Washington Personal Injury Statute of Limitations: Filing Deadlines Explained

Hypothetical example: a driver is rear-ended and spends months in treatment while negotiating with the other driver's insurer. As the anniversary dates pass, the driver starts to wonder how long there is to file a lawsuit.

Washington law sets that deadline by statute. This article explains the general rule for personal injury claims, how the clock can pause, and what it takes to commence an action. It is general education, not advice about any one claim.

The General Three-Year Rule

RCW 4.16.080 lists actions that must be commenced within three years. Subsection (2) includes an action for taking, detaining or injuring personal property, or for any other injury to the person or rights of another not otherwise listed.

That subsection is the general limitation period for many personal injury claims, such as claims from car crashes, falls and dog bites. Some claims are governed by other statutes, so the type of claim matters.

RCW 4.16.005 says actions can only be commenced within the periods in chapter 4.16 after the cause of action has accrued. It also recognizes that a statute outside the chapter may prescribe a different limitation in special cases.

When the Clock Starts

Under RCW 4.16.005, the limitation period runs after the cause of action has accrued. In many injury cases, that is when the injury happens.

Exactly when a particular claim accrues can be a legal question that depends on the facts. If the date is unclear, treat the earliest possible date as the one to plan around and get advice promptly.

Tolling for Minors and Incapacity

RCW 4.16.190 pauses the clock for certain personal disabilities. If, when the cause of action accrued, the person entitled to sue was under eighteen, the time of that disability is not part of the limitation period.

The same applies if the person was incompetent or disabled to such a degree that he or she cannot understand the nature of the proceedings, as determined under chapter 11.130 RCW. It also applies to a person imprisoned on a criminal charge before sentencing.

The statute looks at the person's status when the cause of action accrued. It begins with the words "unless otherwise provided in this section," so read the full text for exceptions.

When a Lawsuit Counts as Commenced

Meeting the deadline means commencing an action, which has a specific meaning. Under RCW 4.16.170, for tolling the statute of limitations, an action is deemed commenced when the complaint is filed or the summons is served, whichever occurs first.

If the complaint is filed first, the plaintiff must serve one or more defendants personally, or begin service by publication, within ninety days of filing. If service comes first, the plaintiff must file the summons and complaint within ninety days of service.

If that second step is not completed in time, the action is deemed not to have been commenced for purposes of tolling the statute of limitations. That can matter a great deal when a case is filed close to the deadline.

Hypothetical Timelines

The examples below are hypothetical and simplified. They show how the statutes fit together, not how any real claim would come out.

• Hypothetical A: an adult is hurt in a crash, and the claim accrues on the day of the crash. Under RCW 4.16.080(2), the general period is three years from that point.
• Hypothetical B: a 16-year-old is hurt. Under RCW 4.16.190, the time before the teen turns 18 is not counted, so the three-year period generally runs after that birthday for the teen's own claim.
• Hypothetical C: a complaint is filed shortly before the deadline, but no defendant is served within 90 days. Under RCW 4.16.170, the action is deemed not commenced for tolling purposes.

Each of these depends on facts the examples leave out, such as when the claim accrued and whether a special statute applies. Use them to understand the rules, not to set your own date.

Common Mistakes to Avoid

One common mistake is assuming that an open insurance claim protects the deadline. Another is waiting to file until treatment ends, without checking how much time is left.

A third is filing a complaint and then not completing service in time. RCW 4.16.170 ties the filing date to timely service, so both steps matter.

Finally, people sometimes assume a child's tolling also covers a parent's own claims. RCW 4.16.190 speaks to the person entitled to bring the action, so each claim should be checked separately.

Special Situations

Claims against the State or a local government entity involve a claim form and a 60-day waiting period before suit, with their own tolling rules. Our article on injury claims against government entities covers those steps.

When an injury causes death, different claims and parties are involved. Our article on wrongful death claims in Washington explains who may file.

If you are not sure whether a special statute applies to your claim, that is a reason to talk with a lawyer early, not late.

Insurance Talks Do Not Stop the Clock

Many injury claims are negotiated with an insurer before any lawsuit. The statutes above do not list insurance negotiations as something that pauses the limitation period.

That means a claim can be open with an insurer while the deadline keeps running. Our article on insurance claim handling rules explains what insurers must do, and our PIP and UIM article covers your own coverage.

Practical Steps to Protect Your Deadline

Write down the date of the injury and any dates that could matter for accrual. Keep that date somewhere you will see it.

Collect records early, including the police report, medical records, photos and witness information. Waiting can make evidence harder to find.

Shared fault does not change the filing deadline, but it can affect damages. Our comparative fault article explains how.

To talk through a filing deadline, visit our personal injury practice page or contact us. Nelson Allen Walk & Scott, PLLC is at 1103 Shaw Road, Puyallup, WA 98372, and the phone is (253) 845-8895.

Written by Nathan D. Sukhia, Of Counsel.