What Is the Statute of Limitations in Washington State

When you’re hurt, it’s normal to focus on doctors, bills, and getting back to work. But there’s a clock running in the background: the statute of limitations. It’s the deadline to start your case. If you miss it, a judge can throw out even a strong claim. This guide will explain the basics in Washington, how the clock can pause (tolling), and the special rules that catch people by surprise.

If you want help building the paper trail while you heal, this checklist on what documentation really moves an injury case will keep you organized without a ton of effort.

What Is a Statute of Limitations and Why It Matters

The Statute of Limitations is a legal rule that determines how long you have to file a lawsuit. According to state law, most Washington injury cases (car accident, premises liability, dog bite, etc.), the deadline is three years. For intentional acts (assault, defamation, false imprisonment), it’s two years. With that in mind, since different claims have different deadlines, it is vital for accident victims to begin the legal process as soon as possible so they do not go over the limit. 

An Overview of Legal Deadlines in Washington State

• Injury/negligence (car crash, slip-and-fall, dog bite): 3 years (RCW 4.16.080(2))
• Intentional torts (assault, defamation, false imprisonment): 2 years (RCW 4.16.100)
• Medical malpractice: 3 years from the negligent act or 1 year from discovering it—whichever is later—plus an 8-year outer cap (statute of repose). A written, good-faith mediation request can pause the clock for 1 year (RCW 4.16.350)
• Products liability: 3 years from discovery of the harm/cause, with a 12-year “useful safe life” presumption that can bar older-product claims 
• (RCW 7.72.060)
• Wrongful death/survival: typically 3 years from date of death (but confirm which underlying theory applies—med-mal/products rules may control) (RCW 4.16.200)
• Childhood sexual abuse (major 2024 update): for abuse on or after June 6, 2024, no time limit to bring civil claims based on intentional conduct (RCW 4.16.340 as amended)

If you’re juggling medical appointments, this short read on medical treatment after a crash—what to expect and why consistency matters can help keep your timeline clean.

When the Clock Starts (Accident Day vs. Discovery)

• Most everyday injuries (car crash, fall, obvious dog bite): you know you’re hurt and why that day, so the clock effectively starts at the incident.
• Some claims use the “discovery rule.” In products and medical cases, the clock may start when you knew or reasonably should have known both the injury and its cause—not necessarily the day it happened.

Products example: You develop a problem years after using a device. You generally have 3 years from discovery to sue, but there’s also that 12-year “useful safe life” presumption that can bar older claims unless you can overcome it.

If your case involves a vehicle, don’t forget modern cars and trucks store data. Our primer on truck “black boxes” (EDRs) and how we preserve that evidence explains why early letters matter—even for regular passenger vehicles.

What is Washington’s 90-Day File/Serve Rule

In Washington, when a case is “commenced” for tolling when you either file the complaint or serve the defendant. Whichever one you can do, you must do the other within 90 days. If you don’t, the law treats it as if you never started the case, and the statute can expire while you thought you were safe.

Example: You file on day 1 to beat the deadline, then forget to serve. If you don’t get the service done within 90 days, your “timely” case expires.

A simple way to avoid this is to plan service the day you file. If you’re new to claim logistics, skim this practical piece on how to deal with insurance adjusters so claim calls don’t distract you from lawsuit deadlines.

Are There Any Exceptions to Washington’s Statute of Limitations

Washington pauses (also known as ‘tolling’) the limitations period if a person is a minor (under 18) or legally incapacitated and the clock starts (or restarts) when the disability ends. Time can also be tolled if a defendant is out of state or is concealing themselves after your claim accrues. These are fact-heavy issues and it is vital to document what you can (travel records, skip-tracing notes, etc.). If you’re tracking proof, this guide to preserving surveillance video and getting a copy of a police report will save you time.

Special Rules You Don’t Want to Miss

Medical Malpractice (RCW 4.16.350)

File within 3 years of the negligent act or within 1 year of discovering the cause—whichever is later—but there’s an 8-year outer cap. A written, good-faith request for mediation can toll the statute for 1 year. In practice, we calendar every possible deadline and work from the earliest.

Childhood Sexual Abuse (RCW 4.16.340)

For abuse on or after June 6, 2024, Washington imposes no time limit for civil claims based on intentional conduct. Earlier acts are generally governed by discovery-based rules.

Construction and Real-Property Claims (RCW 4.16.310)

There’s a 6-year statute of repose running from substantial completion or termination of services. This can cut off claims even if you discover the problem later.

Are Claims Against Government Entity Different?

If a government entity was responsible for causing the accident in question, accident victims are able to file a claim against them. However, before you can sue you must present a claim to the Office of Risk Management and wait 60 days. The statute is tolled during that 60-day wait, and a case filed within five court days after the wait is treated as timely presented.

If your incident involved police response or a city location, grab the incident paperwork early. Here’s a quick walkthrough on getting police reports without the runaround.

Insurance Deadlines vs. Lawsuit Deadlines

Your insurance claim and your lawsuit are separate timelines. For example, a UIM/UM claim against your own insurer is typically treated like a written contract, which uses a six-year period (often running from the breach/denial, not the accident). Policy language can create shorter practical timelines (notice, proof-of-loss, arbitration windows), so read it and calendar those too.

Learn the “do and don’t” basics here: how to handle adjusters. For expectations on pacing, this explainer on how long settlements take is honest about what speeds things up (and what doesn’t).

What to Do Now if You Have Been Involved in an Accident

1. Calendar the earliest possible deadline– Set reminders for 6 months, 90 days, and 30 days before it.
2. Identify every potential defendant (correct legal names; registered agents)– Plan to serve when you file—don’t risk the 90-day trap.
3. Preserve evidence right away– Photos, video, incident reports, medical records, product labels/serials, and any vehicle data. If there were cameras nearby, this guide shows you how to lock down surveillance video.
4. Open insurance claims– However, it is vital to remember that insurance clocks and lawsuit clocks are different.
5. Keep your paper trail clean with this simple documentation checklist.

If any of that feels intimidating, it’s completely normal. In fact, accident victims can lessen their stress by hiring an experienced personal injury lawyer and they will be more than happy to handle these issues for you. If you want to sanity-check your case plan, here are a few practical reads: questions to ask a lawyer, how to find an excellent lawyer, and how contingency fees work so you’re not worrying about hourly bills.

Call West Coast Trial Lawyers Today

Understanding the statute of limitations is one of the most important steps in protecting your right to compensation after an accident. As Washington gives most injury victims two to three years, but special rules can shorten or pause that time—government claims, med-mal, products, minors, defendants who vanish, and the 90-day file/serve requirement after you start the case. If you’re even a little unsure which deadline applies, that’s your sign to get specific advice.

West Coast Trial Lawyers is an experienced personal injury law firm who give accident victims the legal representation and guidance. If you want someone to own the timeline, protect evidence, and keep you off the adjuster’s script while you focus on treatment, we can help. We’ll map your deadlines, send the right notices, and lay out the two or three steps that actually help!

Contact us today to schedule a FREE consultation by calling (213) 927-3700 or completing our quick online contact form to start your case.