The clock starts on the date of injury. The controlling statute is D.C. Code § 12-301. Filing one day late dismisses the case with prejudice.
Washington DC's rules of civil procedure give injured parties a defined period to sue. The clock starts on the day of injury (with limited exceptions), runs continuously, and stops only when a complaint is properly filed and served.
Washington DC's personal-injury deadline is 3 years from the date of injury (D.C. Code § 12-301). Wrongful-death claims run from the date of death, with a 2-year deadline.
The statute itself, D.C. Code § 12-301, is the controlling authority. Interpretive decisions come from DC Ct. App., which has repeatedly enforced the deadline against late-filed plaintiffs.
The statute begins running on the date the injury occurred. Several Washington DC appellate decisions have emphasized that the clock is not tolled by ongoing medical treatment or by the plaintiff's subjective sense that the case can wait.
Washington DC courts recognize a "discovery rule" exception: the statute does not begin running until the plaintiff knew or reasonably should have known of the injury and its cause. This matters most in latent-injury cases like asbestos exposure, surgical sponge cases, or chemical poisoning.
The consequence of filing one day late is the same as filing one year late , total bar. Washington DC courts have repeatedly rejected "near miss" equitable arguments. If the deadline is two years and you file on day 731, the case is dead.
For minors, Washington DC pauses the SOL clock until the child reaches adulthood. Medical-malpractice claims involving minors often have separate, more restrictive tolling rules , see the statute citation below for the specific Washington DC provisions.
Washington DC courts have recognized tolling for plaintiffs whose mental condition prevents them from understanding or pursuing their legal rights. The burden of proof is on the plaintiff. Temporary impairment after the accident, such as pain medication or short hospitalizations, does not qualify in most Washington DC cases.
If the at-fault party leaves Washington DC after the injury, the SOL is typically tolled for the period of absence. Modern long-arm statutes and the increasing availability of service via the Washington DC insurance commissioner have narrowed this rule.
If the defendant actively concealed the cause of action, Washington DC courts can extend the SOL until the concealment is discovered or could have been discovered with reasonable diligence. Passive non-disclosure does not usually qualify.
The Washington DC Tort Claims Act imposes pre-suit notice requirements on claims against state and municipal defendants. These notices are jurisdictional , failing to serve them on time, in the form required by statute, dismisses the case regardless of the SOL.
The statute of limitations decides whether you can sue. Washington DC's comparative-negligence rule then decides what you can collect.
Washington DC applies pure contributory negligence. D.C. is one of only four jurisdictions using pure contributory negligence: any plaintiff fault, even 1%, bars recovery. Authority: Wingfield v. People's Drug Store.
Washington DC is one of only four U.S. jurisdictions still applying pure contributory negligence. Even 1% plaintiff fault bars all recovery. Plaintiffs' lawyers in Washington DC treat fault-allocation evidence as existential, not just damages-affecting.
| Claim type | Deadline | Statute | Clock starts |
|---|---|---|---|
| Personal injury (negligence) | 3 years | D.C. Code § 12-301 | Date of injury |
| Medical malpractice | 3 years | D.C. Code § 12-301 | Discovery or treatment end |
| Wrongful death | 2 years | D.C. Code § 12-301 | Date of death |
| Property damage | 3 years | D.C. Code § 12-301 | Date of damage |
Washington DC is a modified at-fault state for car-accident claims. That means injured parties can sue the at-fault driver directly. The minimum liability coverage required under D.C. Code § 31-2406 is 25/50/10.
Washington DC requires UM coverage at a minimum of 25/50 (D.C. Code § 31-2406). Stacking treatment: limited.
Washington DC tolls the running of the SOL while the defendant is absent from the state. The defense bears the burden of proving the dates of absence, and tolling typically does not apply to defendants who can be served via long-arm statute or through their Washington DC insurer.
Insurance negotiations do not toll the statute. Washington DC courts have repeatedly held that an adjuster's willingness to talk settlement is not a waiver of the SOL defense. Plaintiffs' lawyers routinely file protective complaints in the final 30 days even if talks are ongoing.
No. A workers' compensation claim is a separate administrative remedy with its own deadlines. If a third party (not your employer) caused the injury, you must still file the civil personal-injury suit within the standard Washington DC SOL.
Tolling pauses the clock. Washington DC recognizes tolling for minority, mental incapacity, defendant absence, and (in narrow cases) fraudulent concealment of the cause of action by the defendant.
Choice-of-law principles generally apply the SOL of the state where the injury occurred (the lex loci delicti rule), but Washington DC courts also look at the borrowing statute and the parties' connections. Cross-state cases benefit from early counsel.
Yes, in limited circumstances. Washington DC permits tolling agreements between the parties that extend the deadline, but they must be in writing, signed by an authorized representative of each side, and entered before the original deadline expires.
No. Only proper filing of a civil complaint in a Washington DC court stops the SOL. Demand letters, pre-suit mediation, and adjuster negotiations have no legal effect on the statutory deadline.
In most states the personal-injury SOL applies uniformly to negligence-based claims regardless of accident type. Washington DC does have separate deadlines for medical-malpractice, wrongful-death, and certain intentional-tort claims, addressed on dedicated pages.
Last verified against primary sources on 2026-05-16.