If you’ve been hurt in an accident, one of the first questions on your mind is probably how long you have to do something about it. It’s an important question — and in Washington, the answer comes with a hard deadline. Miss it, and you can lose your right to recover anything at all, no matter how serious your injuries or how clearly someone else was at fault.
The General Rule: Three Years
Here’s what every injured person in Washington should understand about these deadlines. most personal injury claims in Washington — car accidents, slip-and-falls, dog bites, and similar injuries — you generally have three years from the date of the injury to file a lawsuit. RCW 4.16.080.
That may sound like plenty of time. It isn’t. Building a strong case takes months of work: gathering medical records, documenting your losses, identifying witnesses, and often negotiating with insurers before a lawsuit is ever filed. The sooner you start, the stronger your position.
And the deadline is unforgiving. If you file even one day late, the at-fault party can ask the court to throw out your case — and courts routinely do exactly that.
The Clock Usually Starts on the Date of Injury
In most accident cases, the three-year clock begins running on the day you’re hurt. For a car crash, that’s the date of the collision. For a fall, it’s the day it happened.
Some situations are more complicated — for example, where an injury isn’t discovered right away. These “discovery” scenarios have their own rules and are very fact-specific, so if you’re unsure when your clock started, it’s worth asking a lawyer sooner rather than later.
Important Exceptions and Shorter Deadlines
The three-year rule is the starting point, not the whole story. Several situations change the deadline — sometimes dramatically.
Claims Against a City, County, or Other Government Entity
This is the exception that catches people off guard. If your injury involved a government entity — say, a crash with a city vehicle, a fall on government property, or a dangerous public road — you can’t simply file a lawsuit. Washington law requires you to first present a formal claim to the entity’s designated agent before the limitations period runs out. RCW 4.96.020.
On top of that, you must then wait sixty days after presenting the claim before you can file suit. That waiting period pauses the limitations clock while it runs. RCW 4.96.020.
These claims come with strict content and procedural requirements, and getting them wrong can sink an otherwise valid case. If a government entity may be involved, talk to an attorney immediately — not in a few months.
Injuries to Children
When the injured person is a minor, Washington pauses the limitations clock until they turn eighteen. RCW 4.16.190. In practice, that means a child generally has time after reaching adulthood to bring a claim. Even so, waiting is risky — evidence disappears and memories fade long before a child grows up — so parents should not assume there’s no rush.
Other Variations
Different deadlines can apply to other kinds of cases, and claims arising from the same accident can carry different time limits. Because the right deadline depends on the specific facts, the safest course is always to have a lawyer confirm it for your situation rather than guess.
Why Waiting Is Risky Even When You Have Time
Deadlines aside, every week that passes makes a case harder to prove:
- Evidence disappears. Vehicles get repaired or scrapped, skid marks wash away, and surveillance footage is often overwritten within days or weeks.
- Witnesses move on. People relocate, change numbers, and forget details.
- Insurers use delay against you. A gap between the accident and your medical treatment gives an insurance company room to argue your injuries weren’t serious — or weren’t caused by the accident at all.
The strongest cases are built early, while the trail is still fresh.
Not Sure How Much Time You Have? Ask Before It’s Too Late
Calculating the right deadline isn’t always straightforward. The type of claim, who caused your injury, and your circumstances can all change the answer — and some deadlines arrive far sooner than the general three-year rule suggests.
At O’Driscoll Law, PLLC, we help injured people across Spokane and the Inland Northwest understand their rights and protect their claims before critical deadlines pass. If you’ve been hurt, contact us for a free, no-obligation consultation. We’ll review what happened, pinpoint the deadlines that apply to you, and help you decide on your next step.
