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WA
★ US · West

Personal injury in
Washington.

By Reviewed by Abd Shanti, Founder7 min read

Washington applies pure comparative negligence with a 3-year SOL. The state's non-economic cap was struck down in Sofie v. Fibreboard (1989) on jury-trial grounds and has not been re-imposed.

Washington operates pure comparative negligence. The non-economic damages cap was held unconstitutional in Sofie v. Fibreboard Corp. (1989) for violating the right to jury trial under the Washington Constitution. There is no current statutory non-economic cap. The PI statute of limitations is three years.

★ statute of limitations
3 years from date of injury

RCW § 4.16.080

★ fault rule
Pure comparative negligence

Pure comparative negligence under RCW 4.22.005.

★ WA · key facts

What makes Washington different.

The handful of details that distinguish this jurisdiction from its neighbours.

★ WA · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Washington law.

★ WA · court decisions

What Washington courts have decided.

Reported Washington decisions for each injury type, each with a link to the judgment and to the full injury guide.

★ WA · rules that decide claims

The rules in Washington.

Statutes and rulings that come up again and again in Washington injury claims, each with its source.

Fault rulePure comparative fault: your own fault “diminishes proportionately the amount awarded as compensatory damages … but does not bar recovery.”RCW 4.22.005
Deadline to sueThree years for an action for “any other injury to the person or rights of another.”RCW 4.16.080(2)
Seat belt useNot wearing a seat belt does not constitute negligence and is not “admissible as evidence of negligence in any civil action.”RCW 46.61.688(6)
Claims against governmentFile a claim with the city, county or state first, then wait 60 days before suing.RCW 4.96.020, 4.92.100, 4.92.110; see our notice table
No damages capThe 1986 limit on noneconomic damages violated the right to a jury, which the constitution protects as inviolate.Sofie v. Fibreboard Corp. (Wash. 1989)
Intoxication defenseA complete defense applies only if the injured person was intoxicated, the intoxication was a proximate cause, and the jury finds that person more than 50 percent at fault.RCW 5.40.060(1), as quoted in Gerlach v. Cove Apartments (Wash. 2020)
Snow and ice on business lotsWashington has not adopted the natural accumulation rule for commercial parking lots; owners owe invitees ordinary care, including for ice.Iwai v. State (Wash. 1996)
Filing deadlineThree years from the act or omission, or one year from when the patient discovered or reasonably should have discovered the cause, whichever expires later.RCW 4.16.350
★ other US jurisdictions

Compare across United States.

How Washington compares with its neighbours in the West on fault rule and limitation period.

JurisdictionFault ruleLimitation
Washington· you are herePure comparative negligence3 years from date of injury
Alaska (AK)Pure comparative negligence2 years from date of injury or discovery
California (CA)Pure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)
Colorado (CO)Modified comparative, 50% bar2 years for personal injury; 3 years for motor vehicle
Hawaii (HI)Modified comparative, 51% bar2 years from date of injury
Idaho (ID)Modified comparative, 50% bar2 years from date of injury
Montana (MT)Modified comparative, 51% bar3 years from date of injury
Nevada (NV)Modified comparative, 51% bar2 years for personal injury; 3 years for medical malpractice
Oregon (OR)Modified comparative, 51% bar2 years from date of injury
Utah (UT)Modified comparative, 50% bar4 years for personal injury; 2 years for medical malpractice
Wyoming (WY)Modified comparative, 51% bar4 years from date of injury

Every United States jurisdiction compared

★ WA · frequently asked

Common questions.

Common questions about personal injury claims in Washington, answered with the relevant statutory references.

★ editorial note

This page summarises the Washington statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Washington. See /methodology, /sources, and /disclaimer.