Three years for most injury claims. A claim against a city, a county or the State needs a claim form first, then 60 days must pass before a lawsuit can be filed.
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General rules only. Exceptions can make a deadline shorter or longer, and the start date is not always the day of the injury.
Washington gives three years, a year more than California or Texas. The same period covers most injury claims, a death claim and damage to a vehicle.
The longer period has traps of its own. A claim against a government body cannot go straight to court. Some claims, such as assault, have two years, not three. And the rule that pauses the clock for a child does not help in a wrongful death case.
These are general rules. When a clock starts, and whether an exception applies, depends on facts this page does not have.
Each rule is shown with its source. The note under it says what the rule means in practice.
Three years for most injury claims. RCW 4.16.080(2)
The three years are for filing a lawsuit in court. Opening an insurance claim does not meet the deadline, and negotiating with an insurance company does not stop the clock.
Before suing a city, county or other local government, you must present a tort claim form to its designated agent and then wait 60 calendar days. Claims against the State go to the Office of Risk Management with the same 60 day wait. The form has to be presented within the normal limitation period, and that period is paused during the 60 days. RCW 4.96.020; RCW 4.92.100; RCW 4.92.110
California and Texas set a six month deadline for claims against the government. Washington works differently. The claim form has to be presented within the normal limitation period, and no lawsuit can be filed until the wait is over. Leave room for both.
Three years, generally counted from the date of death. RCW 4.16.080(2); Atchison v. Great Western Malting Co., 161 Wn.2d 372 (2007)
In Washington the family does not file this claim directly. The personal representative of the estate does, which is why the rule for children below matters.
Who files.
The personal representative of the estate files the claim. It is for the benefit of the spouse or state registered domestic partner and the children, including stepchildren. If there are none, it is for the parents or siblings. RCW 4.20.010; RCW 4.20.020
If the injured person was under 18 when the claim arose, the time before their 18th birthday generally does not count. This does not extend the deadline in a wrongful death case, because that claim belongs to the personal representative of the estate, not to the child. RCW 4.16.190; Atchison v. Great Western Malting Co., 161 Wn.2d 372 (2007)
This catches families out. A child who was hurt generally has the time before turning 18 set aside. A child who lost a parent does not, because the death claim is not the child’s to file.
Assault and battery claims have a two year limit. Medical malpractice claims follow their own rules, including a one year discovery rule. RCW 4.16.100(1); RCW 4.16.350
Not every injury claim gets three years. If the injury came from an assault or from medical care, read this rule before relying on the three year figure.
Three years for damage to a vehicle or other personal property. RCW 4.16.080(2)
The vehicle claim falls under the same statute as the injury claim, so the two share one period.
We have not published a verified deadline for a claim under your own Washington policy, such as an underinsured motorist or PIP claim. Do not assume it matches the three years above. Read your policy and ask us.
One time limit we can state, for a crash with a vehicle that never touched yours.
When the other vehicle never touched yours (a phantom vehicle), your claim needs evidence beyond your own account, and the crash must be reported to law enforcement within 72 hours. RCW 48.22.030(8)
Enter the date it happened. The checker applies Washington’s general rule to that date and shows the government claim step when one may apply. It does not know your facts, so it cannot give you your own deadline.
Primary sources for the rules on this page. Checked on the dates shown.
This site gives general legal information. It is not legal advice, and reading it does not create an attorney client relationship. Deadlines depend on the facts. Some are much shorter than the general rule. Do not rely on this page to decide how long you can wait.
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