Washington Personal Injury Laws
Washington follows pure comparative fault — even a plaintiff 99% at fault can recover 1% of damages. The statute of limitations for personal injury, property damage, and wrongful death is 3 years. Washington has no caps on personal injury damages (a 1986 cap was struck down as unconstitutional). Washington is a fault-based auto insurance state with 25/50/10 minimums.
Last verified: 2026-02-25
Statute of Limitations
Personal injury, property damage, and wrongful death claims must be filed within 3 years of the date of injury or death.
Exceptions
A wrongful death action may be brought by the personal representative on behalf of the surviving spouse/domestic partner, children, stepchildren, parents, or siblings.
Fault & Liability Rules
Washington follows pure comparative fault — contributory fault reduces damages proportionately but does not bar recovery. Even a plaintiff 99% at fault can recover 1% of damages.
Damage Caps
Washington has no caps on personal injury damages (economic or noneconomic). A 1986 statutory cap was struck down as unconstitutional by the Washington Supreme Court.
Auto Insurance System
Washington is a fault-based auto insurance state. Minimum liability coverage is 25/50/10 ($25,000 per person, $50,000 per accident for bodily injury, $10,000 for property damage).
Key Washington Statutes
The trier of fact determines each party's percentage of fault, including nonparties. Each defendant is liable only for their proportionate share.
First tier: spouse/domestic partner, children, stepchildren. Second tier: parents, siblings. Amended in 2019 to allow intangible loss recovery for second-tier beneficiaries.
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Washington.
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