Home › Personal Injury Laws by State › Washington Personal Injury Laws

Washington generally requires most personal injury lawsuits based on negligence to be filed within three years after the claim accrues. Different rules, exceptions, tolling provisions, and claim-presentation requirements for claims against governmental entities may apply depending on the claim and the parties involved. This page cannot determine which deadline applies to any particular situation; only a licensed Washington attorney reviewing the facts can do that.

Washington generally follows an at-fault system for motor-vehicle injury claims. Liability ordinarily depends on who caused the collision. The compensation available in any particular matter generally depends on the injuries or losses involved and the insurance coverage that applies. How these rules apply in any individual situation depends on its facts, and if the parties involved cannot agree on liability, the court process may be necessary to resolve it.

Washington follows a pure comparative-fault rule. In general terms, compensation may be reduced according to an injured person's share of fault, but a person's own fault generally does not bar recovery entirely. Whether and how fault is attributed in any particular matter depends on its facts and may have to be determined by a court of law.

Washington generally requires vehicle owners to maintain liability insurance that meets minimum requirements established by state law. Insurers are also generally required to offer uninsured/underinsured motorist coverage, which a policyholder may reject in writing. The coverage available in any particular situation depends on the policies involved and current law.

Washington does not impose a general cap on compensatory damages in personal injury cases; Washington courts have held that caps on such damages violate the state constitution's jury-trial guarantee. Special rules may still apply to certain claims and parties, including claims involving governmental entities, and other categories of damages are subject to separate legal standards. Because these rules can vary by claim and may change, this page does not determine what damages may be available in any particular matter.

Washington personal injury lawsuits may be filed in the state's superior courts, which have general civil jurisdiction, with district and municipal courts handling some more limited civil matters. Many injury claims are resolved through insurance processes or negotiation without a lawsuit being filed. Which court, if any, would be appropriate depends on the nature of the claim, the relief involved, and other facts that a licensed Washington attorney can evaluate.

A licensed Washington attorney can explain how rules involving deadlines, fault, insurance, damages, and procedure may apply to a specific situation—something a general reference page cannot do. This platform helps injured people seek connections with participating local personal injury attorney offices in the Washington communities listed below, based on availability. Requesting a connection is free and carries no obligation to hire an attorney.