Personal injury law in Washington
How long you have to file, how shared fault is treated, whether Washington is a no-fault auto state, and what damages caps can limit a jury award. Every figure sourced.
Key rules at a glance
| Statute of limitations | 3 years Discovery rule applies. |
|---|---|
| Negligence rule | Pure comparative negligence Pure comparative negligence under RCW § 4.22.005. |
| Auto no-fault | No |
| Damages caps | Non-economic cap of 0. Non-economic cap of 0.43 × average annual wage × life expectancy struck down (Sofie v. Fibreboard, 1989). |
What the filing deadline means in Washington
Personal injury claims in Washington must generally be filed within 3 years of the date of injury. Discovery rule applies. If you miss the statute, the claim is time-barred regardless of how strong it is. Discovery rules can shift the start date for latent injuries, and government claims often carry much shorter notice deadlines (sometimes 60 to 180 days).
How shared fault works under pure comparative negligence
Your recovery is reduced by your percentage of fault, even if you were 99% at fault. Pure comparative negligence under RCW § 4.22.005.
Practical effect: if a jury values your case at $200,000 and assigns you 30% of the fault, you recover $140,000 (70% of the verdict).
Damages caps in Washington
Non-economic cap of 0.43 × average annual wage × life expectancy struck down (Sofie v. Fibreboard, 1989).
A cap does not change the value of your injuries; it changes what a jury is allowed to award. Caps most often apply to non-economic damages (pain and suffering) and to medical malpractice cases. Economic damages, like medical bills and lost wages, are generally not capped.
Case types in Washington
These case-type hubs explain how settlement value is built and how each type interacts with Washington's rules above.
Related reads
How Washington's pure comparative negligence rule shapes auto settlement value.
Multi-party liability, FMCSA regulations, and the 30-day evidence window.
Helmet laws, anti-rider bias, and how comparative fault hits riders.
Premises liability and the negligence elements you must prove.
Standard of care, statute of repose, and Washington's med-mal caps.
Workers' comp vs third-party liability claims.
Strict liability vs one-bite rule by state.
Who can file and what damages are recoverable.
Frequently asked questions
Sources
Want a different state? See all 50 state hubs.