One procedural misstep can eliminate your ability to recover anything from a government entity in Washington, no matter how strong your underlying claim may be. Before you can file a lawsuit against a city, county, or state agency, you must submit a formal notice of claim on the correct form, send it to the correct office, and wait 60 days. The deadlines can be unforgiving, and the rules apply to every type of government injury case. A Washington government liability attorney can help you meet every requirement and protect your path to recovery.
What Is a Notice of Claim in Washington?
A notice of claim is a formal written document that you must file with a government entity before you can bring a personal injury lawsuit against it. Washington law requires this step for claims against state agencies, counties, cities, towns, and other political subdivisions. This includes entities like hospitals, police departments, school districts, and universities. The notice is not a lawsuit itself. It is a prerequisite that gives the government entity time to investigate the incident and potentially resolve the claim before litigation begins.
Under Washington’s tort claim statutes, you cannot skip this step. If you file a lawsuit without first submitting a proper notice of claim, the court can dismiss your case. The requirement applies regardless of how serious your injuries are or how clear the government’s responsibility may be.
Who Must File a Notice of Claim?
Anyone seeking recovery for injuries caused by the tortious conduct of a government entity or its employees must file a notice of claim. This includes injuries caused by dangerous road conditions maintained by state or local agencies, negligent conduct by government workers, medical negligence at public hospitals, misconduct at public schools, and unsafe conditions on public property. It also applies to claims involving civil rights violations by government employees acting in their official capacity.
The requirement applies whether you were injured on a state highway, a city sidewalk, or in a county-operated facility. If the entity responsible is a government body or its agent, the notice of claim process applies to your case.
Deadlines for Cities, Counties, and the State
Washington has two separate statutes that govern the notice process, and the deadlines depend on which level of government you are filing against.
For tort claims against the State of Washington and its officers, employees, or volunteers acting in that capacity, RCW 4.92.100 requires presentation of the claim to the Office of Risk Management in the Department of Enterprise Services. Under RCW 4.92.110, no lawsuit may be filed until 60 calendar days have elapsed after presentation. The statute of limitations can be tolled during that 60-day period as long as you file the lawsuit within five days after.
For tort claims against Washington local governmental entities (counties, cities, towns, special districts, etc.), RCW 4.96.020 requires presentation of a claim to the entity’s designated agent using the standard tort claim form or, if the entity provides one, its own approved tort claim form. No suit may commence until 60 calendar days after presentment. The statute of limitations can be tolled during that 60-day period as long as you file the lawsuit within five days after.
Where and How to File Your Notice of Claim
For claims against the State of Washington, the standard tort claim form maintained by the Office of Risk Management is required. For claims against local governmental entities, claimants must use the y form provided by the local entity, or if none exists, the standard ORM form.
For claims filed against the state, you can submit the form in several ways:
- By regular mail to the Office of Risk Management, Department of Enterprise Services, PO Box 41466, Olympia, WA 98504-1466
- By certified or registered mail with return receipt requested
- By email or fax as an attachment to the Office of Risk Management
- In person by appointment by calling 360-407-9199
- Submit online through the DES’s Office of Risk Management
For local government claims, you must identify the designated agent for the specific entity you are filing against. Each city, county, and special district is required to appoint an agent to receive tort claims, and that agent’s identity and address must be recorded with the county auditor. You can contact the county auditor’s office to find the correct recipient for your claim.
Note that, unlike state claims, most local government claims under RCW 4.96.020 must be delivered in person or by mail (regular, registered, or certified with return receipt). Email and fax submission are not recognized methods of presentment for most local government claims.
Common Mistakes That Jeopardize Government Injury Claims
Even valid claims can fail when the notice process is not followed correctly. These are the most frequent errors that put claims at risk.
Filing Against the Wrong Entity
A road may look like a city street but actually fall under county or state jurisdiction. Sending your notice to the wrong government body does not satisfy the filing requirement, and by the time you discover the error, your deadline may have passed.
Using the Wrong Form or Submitting an Incomplete Form
Washington requires a standard tort claim form for all government injury claims, either the statewide form maintained by the Office of Risk Management, or, for local government claims, a form provided by the local entity. A letter or informal written request likely does not meet the statutory requirement. Incomplete forms can also delay the process or result in your claim being returned.
Missing the 60-Day Waiting Period
Filing a lawsuit before the 60-day period has elapsed can result in dismissal. The waiting period is mandatory, even if the government entity has already denied your claim or refused to respond.
Waiting Too Long
A proper notice of claim must be served on the right entity before the statute of limitations applicable to that claim expires. While a proper notice tolls the statute of limitations for 60 days, you must then promptly file the lawsuit to assure that your claim is timely.
Protect Your Claim With the Right Legal Support
Government injury claims in Washington follow a process that is more rigid and less forgiving than standard personal injury cases. If you were injured due to a government entity’s negligence, the attorneys at Stritmatter Law can help you file your notice of claim correctly, meet every deadline, and pursue the recovery you are owed. Contact Stritmatter Law for a free consultation.
