Washington Personal Injury Law Reference
This page collects the Washington statutes and decisions that most often decide the timing and value of a personal injury case, in plain language, with citations you can check. Gregory Stuck is admitted to practice in Washington.
Deadlines That End Cases
RCW 4.16.080(2)
Three-year statute of limitations
Washington allows three years to commence an action for injury to the person. The clock generally runs from the date of injury, and for wrongful death from the date of death. Claims against state or local government require a pre-suit claim filing under chapter 4.96 RCW before a lawsuit may proceed, which adds its own procedural clock.
Fault Rules
RCW 4.22.005
Pure comparative fault
A claimant’s contributory fault “diminishes proportionately” the damages awarded “but does not bar recovery.” A person found 40 percent at fault still recovers 60 percent of their damages. The fight over fault percentages is a fight over the value of the claim, never its survival.
RCW 4.22.070
Several liability, and the exception that changes everything
The jury assigns every entity a percentage of fault, and each defendant is ordinarily liable only for its own share. But under subsection (1)(b), if the injured person is found free of fault, the defendants against whom judgment is entered become jointly and severally liable for the sum of their shares. For a faultless victim, any one solvent defendant can be made to answer for the group, so how the fault story is framed controls collectability, not just percentages.
RCW 4.22.015
Fault includes failing to mitigate
The statutory definition of fault includes “unreasonable failure to avoid an injury or to mitigate damages.” This is the defense hook for gaps in medical treatment; consistent, documented care is armor the statute itself makes necessary.
Damages
Sofie v. Fibreboard Corp., 112 Wn.2d 636, 771 P.2d 711 (1989)
No caps on damages
The Legislature capped noneconomic damages in 1986 with an age-based formula. Mr. Sofie, dying of mesothelioma, won a $1,345,833 verdict that the formula forced the trial judge to cut to roughly $125,000 despite finding the verdict reasonable. The Supreme Court held the cap unconstitutional: under article 1, section 21 of the Washington Constitution the jury right “shall remain inviolate,” and determining damages, including pain and suffering, is the jury’s protected fact-finding role. The full verdict was reinstated. The decision was 5 to 4 and has never been overruled. Washington has no cap on compensatory damages in injury and death cases.
RCW 4.20.010, 4.20.020, 4.20.046, 4.20.060
Wrongful death and survival
The action is brought by the personal representative for the benefit of the spouse or state registered domestic partner and children, including stepchildren; if none, the decedent’s parents or siblings. 2019 amendments removed the old requirements that parents and siblings be financially dependent and reside in the United States, retroactively. Companion survival statutes preserve the decedent’s own claims, including damages for pre-death pain and suffering.
Rules Insurers Do Not Advertise
RCW 46.61.688(6)
Seat belt non-use is inadmissible
By statute, failure to wear a seat belt “does not constitute negligence” and is not “admissible as evidence of negligence in any civil action.” Adjusters sometimes float the issue in negotiations anyway. In a Washington courtroom it is off the table.
RCW 4.22.060
Settlement reasonableness hearings
Before finalizing a settlement with one of several liable parties, five days’ notice goes to all parties and the court holds a hearing on whether the amount is reasonable, which affects how much the remaining defendants’ exposure is reduced. Handled well, this protects a partial settlement from being used to gut the rest of the case.
Olympic S.S. Co. v. Centennial Ins. Co., 117 Wn.2d 37, 811 P.2d 673 (1991)
Insurers who force coverage litigation pay your attorney fees
An insured who is compelled “to assume the burden of legal action” to obtain the benefit of the insurance contract is entitled to an award of attorney fees, whether or not the duty to defend is involved. For underinsured motorist and other first-party disputes this changes the economics: a Washington insurer that wrongly denies or lowballs coverage risks paying the policyholder’s legal fees on top of the claim.
On the Research Roadmap
Queued for future entries: the Insurance Fair Conduct Act (RCW 48.30.015) and its remedies for unreasonable claim denials; the underinsured motorist statute (RCW 48.22.030); Mahler v. Szucs on PIP reimbursement; and Clark v. Payne applying the seat belt statute.
Last reviewed: August 21, 2026
This page is legal information, not legal advice, and reading it does not create an attorney-client relationship. Statutes and case law change; the last-reviewed date above reflects the most recent verification. If you were injured in Washington, call (407) 630-8692 for a free consultation with an attorney admitted in Washington.