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District of Columbia Personal Injury Laws

The District of Columbia follows a pure contributory negligence rule, meaning any fault on your part — even 1% — can completely bar your recovery. D.C. is one of only a handful of jurisdictions that still apply this harsh standard. However, pedestrians, bicyclists, and other vulnerable road users benefit from a modified comparative fault exception. The general statute of limitations for personal injury is 3 years.

Last verified: 2026-02-26

Statute of Limitations

Personal injury claims must be filed within 3 years of the date of injury.

Exceptions

Discovery Rule3 years from discoveryD.C. Code § 12-301(8) (judicial interpretation)

When an injury could not reasonably have been discovered at the time it occurred, the statute begins running from the date the injury was or should have been discovered.

MinorsTolled until age 18, then standard periodD.C. Code § 12-302

The statute of limitations is tolled for minors and does not begin running until they reach age 18.

Wrongful Death2 years from date of deathD.C. Code § 16-2702

Wrongful death actions must be commenced within 2 years after the date of death.

Fault & Liability Rules

D.C. follows the pure contributory negligence rule. If you are even 1% at fault for the accident, you are completely barred from recovering any damages. This is one of the strictest fault standards in the country. However, pedestrians and bicyclists involved in collisions with motor vehicles are subject to a modified comparative fault rule under D.C. Code § 50-2204.52, allowing recovery if they are 50% or less at fault.

Damage Caps

Compensatory Damages: No cap

D.C. does not impose a statutory cap on compensatory damages in personal injury cases.

Punitive Damages: No fixed statutory cap

Punitive damages are available with proof that the defendant acted with evil motive, actual malice, or deliberate violence. There is no fixed statutory cap, but courts apply constitutional proportionality limits.

Auto Insurance System

Tort (At-Fault) with Optional No-Fault PIPD.C. Code § 31-2406

D.C. is an at-fault jurisdiction for auto accidents. The at-fault driver is responsible for damages. Drivers must carry minimum liability insurance. Insurers must offer optional PIP (no-fault) coverage, and injured persons have 60 days after an accident to elect PIP benefits.

Tort Threshold

No tort threshold — PIP is optional; injured parties may always sue the at-fault driver

Filing Requirements

Minimum Auto InsuranceD.C. Code § 31-2406

D.C. requires $25,000/$50,000 bodily injury liability, $10,000 property damage, and $25,000/$50,000 uninsured motorist coverage.

Key District of Columbia Statutes

Vulnerable Road User ProtectionD.C. Code § 50-2204.52

Pedestrians, bicyclists, and other vulnerable road users involved in collisions with motor vehicles are subject to modified comparative fault rather than contributory negligence. They can recover damages if their negligence is not greater than the defendant's.

Wrongful DeathD.C. Code § 16-2701

When the death of a person is caused by a wrongful act, neglect, or default, the person who would have been liable had death not ensued is liable to an action for damages for the benefit of the spouse, domestic partner, and next of kin.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at D.C. Law Library — Code of the District of Columbia. For advice about your specific situation, consult a licensed attorney.

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