Washington law
Personal Injury Laws in Washington.
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
State law
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.
State law
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.
State law
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.
State law
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).
State law
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.
State law
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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