Washington Head Injury Laws

Washington at a glance

Washington allows three years for injury to the person.[1] A claim must be presented to a local government at least 60 days before suit.[2] Washington uses pure comparative fault.[3] Drivers must carry at least $25,000/$50,000 in bodily injury coverage.[4]

Filing deadlines

RCW 4.16.080(2)

The following actions shall be commenced within three years: … An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;

Source: [1]

In plain English, most injury lawsuits in Washington must be filed within three years.[1]

Local governments: RCW 4.96.020(4)

No action subject to the claim filing requirements of this section shall be commenced against any local governmental entity, … for damages arising out of tortious conduct until sixty calendar days have elapsed after the claim has first been presented to the agent of the governing body thereof.

Source: [2]

Shared fault

RCW 4.22.005

any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery.

Source: [3]

Under pure comparative fault, an injured person who was partly at fault can still recover, but the award is reduced by their share of fault.

Auto insurance requirements

RCW 46.29.090 requires coverage “of not less than twenty-five thousand dollars because of bodily injury to or death of one person in any one accident and, subject to said limit for one person, to a limit of not less than fifty thousand dollars because of bodily injury” to two or more people, with a property damage minimum in the same section.[4] Washington is not one of the no-fault states.[5]

What this page does not cover

This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.

Frequently asked questions

How long do I have to file a head injury lawsuit in Washington?

In plain English, most injury lawsuits in Washington must be filed within three years.[1]

This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.

Sources

  1. RCW 4.16.080. Washington State Legislature. https://app.leg.wa.gov/rcw/default.aspx?cite=4.16.080
  2. RCW 4.96.020. Washington State Legislature. https://apps.leg.wa.gov/rcw/default.aspx?cite=4.96.020
  3. RCW 4.22.005. Washington State Legislature. https://app.leg.wa.gov/rcw/default.aspx?cite=4.22.005
  4. RCW 46.29.090. Washington State Legislature. https://app.leg.wa.gov/rcw/default.aspx?cite=46.29.090
  5. Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance

Sources last checked: October 11, 2026