Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

A Washington family generally has three years, the same as the injured person would have had.

Three years

RCW 4.16.080 requires actions for any injury to the person or rights of another not otherwise enumerated to be commenced within three years. We treat wrongful death the same way, so confirm the accrual date with an attorney.

Malpractice

RCW 4.16.350 allows three years from the act, or one year from discovery, whichever is later, but not more than eight years after the act, with tolling for fraud, concealment and foreign bodies.

Mandatory mediation

Health care claims go through mandatory mediation before trial.

Local governments

Claims must be presented on the standard form within the limitation period; ask an attorney about any waiting period before suit.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Washington's rules apply to your specific case with a licensed Washington attorney.