What is the personal injury statute of limitations in Washington?

1. General Personal Injury

RCW 4.16.080(2) imposes a 3-year SOL for personal injury actions, running from the date the cause of action accrues.

2. Wrongful Death

Wrongful death actions under RCW 4.20.010 carry a 3-year SOL, running from the date of death.

3. Medical Malpractice

RCW 4.16.350 imposes the later of 3 years from the act or 1 year from discovery, with an 8-year statute of repose. Tolling for fraud, intentional concealment, or foreign objects (1 year from discovery).

4. Discovery Rule

Washington applies the discovery rule broadly to medical malpractice, professional negligence, fraud, and latent disease (In re Estates of Hibbard).

5. Minor / Disability Tolling

RCW 4.16.190 tolls SOL during minority and incompetency. The malpractice 8-year repose generally still applies, except for foreign-object cases.

6. Government Defendant

RCW 4.92 (state) and RCW 4.96 (local) require a written tort claim form filed with the appropriate office, followed by a 60-day waiting period before suit. The SOL is tolled during the 60-day wait. Claims must be filed within the 3-year SOL.

7. Product Liability

RCW 7.72.060 imposes a 3-year SOL with a 12-year useful-safe-life presumption that creates a rebuttable repose.

8. Equitable Tolling / Fraudulent Concealment

Washington recognizes equitable tolling sparingly; fraudulent concealment delays accrual until discovery.

9. Borrowing Statute

RCW 4.18.020 (Uniform Conflict of Laws-Limitations Act) generally applies the SOL of the state whose substantive law governs the claim.

This is legal information, not legal advice.