D.C. injury law has traps most of the country abandoned long ago. One percent of fault can end a case. A claim against the District dies without written notice to the Mayor within six months. An insurance choice made in the first 60 days can limit your right to sue. Here is how those rules work and how we answer them.
What is contributory negligence in D.C., and why does it decide most cases?
In the District of Columbia, an injured person who is found even slightly at fault for his or her own injury generally recovers nothing, under the rule of contributory negligence (Wingfield v. Peoples Drug Store, Inc., 379 A.2d 685 (D.C. 1977)). As the D.C. Court of Appeals put it in that case, "The rule is simply that contributory negligence bars a plaintiff's recovery." Not a reduced amount. Nothing.
The District, Maryland, and Virginia are among the very few places in the country that still apply this rule. That is why an insurance adjuster's first question after a D.C. crash is almost never about your injuries. It is about what you were doing: how fast you were going, whether you looked, whether you were on your phone, whether you crossed against the signal.
It is also why a claim that would settle routinely elsewhere can be denied outright here. Insurers know that one percent of blame means they owe nothing. Our job is to take that argument away early.
How we answer the insurer's blame
- We lock down the evidence early. Traffic camera footage, building and Metro station video, and 911 recordings are often overwritten within days or weeks. We send preservation demands immediately.
- We prove what actually happened. Signal timing, sight lines, vehicle damage, and witnesses usually show who had the right of way.
- We use the doctrines that limit the defense. D.C. recognizes the last clear chance doctrine, which the Council expressly preserved in D.C. Code § 50-2204.52(b)(1). It lets an injured person recover despite his or her own negligence when the person was in danger and unaware of it or unable to escape, and the defendant knew or should have known of that danger and could have avoided the injury but failed to (Felton v. Wagner, 512 A.2d 291 (D.C. 1986)). It does not apply when the emergency is so sudden that there was no time to react, so the timing evidence matters.
- We look for the statutory exception first. If you were walking, biking, or riding a scooter or motorcycle, the ordinary rule may not apply to you at all.
Does contributory negligence apply if I was walking, biking, or riding a scooter or motorcycle?
Usually not: in D.C., a pedestrian or "vulnerable user" hurt in a collision with a motor vehicle is not barred by his or her own negligence unless that negligence was a proximate cause of the injury and greater than the combined negligence of all the defendants (D.C. Code § 50-2204.52). In practical terms, the driver's insurer can no longer win simply by pinning one percent of the fault on you.
The statute protects two groups. The first is pedestrians and vulnerable users of a public highway or sidewalk involved in a collision with a motor vehicle or with another vulnerable user. The second is vulnerable users involved in a collision with a pedestrian. The Code defines a "vulnerable user" as a person using any of these (D.C. Code § 50-2204.51(13)):
- a bicycle or motorized bicycle;
- a non-motorized scooter, an electric mobility device, or a personal mobility device;
- a motorcycle or motor-driven cycle;
- an all-terrain vehicle or dirt bike;
- a skateboard, or another similar device.
Two limits matter. The protection applies to collisions, so a fall on a broken sidewalk is still judged under the ordinary rule, and it does not cover the driver or passengers of a car. Even inside the exception, insurers argue that the pedestrian or rider was more at fault than everyone else combined, so the evidence still decides the case.
Read more about how D.C.'s pedestrian and cyclist protection works and our pages on pedestrian injuries, bicycle and scooter crashes, and motorcycle crashes.
How long do I have to file a personal injury lawsuit in D.C.?
In the District of Columbia, you generally have three years from the date of the injury to file a personal injury lawsuit (D.C. Code § 12-301(8)). Several shorter deadlines can apply first, and missing any of them can end a claim no matter how strong it is.
| Deadline | Time limit | Source |
|---|---|---|
| Most personal injury lawsuits (negligence) | 3 years | D.C. Code § 12-301(8) |
| Assault and battery claims | 1 year | D.C. Code § 12-301(4) |
| Wrongful death lawsuit, brought by the personal representative | 2 years after the death | D.C. Code § 16-2702 |
| Sexual abuse that occurred before age 35 | Until age 40, or 5 years after the survivor knew or reasonably should have known of the abuse, whichever is later | D.C. Code § 12-301(11) |
| Written notice to the Mayor for claims against the District | 6 months after the injury | D.C. Code § 12-309 |
| Electing D.C. PIP benefits with your auto insurer | 60 days after the accident | D.C. Code § 31-2405(a) |
| Administrative claim against the federal government | 2 years after the claim accrues | 28 U.S.C. § 2401(b) |
When the injured person is a child, the lawsuit deadline generally does not begin to run until the child turns 18 (D.C. Code § 12-302(a)(1)). Do not assume that rule extends the other deadlines in the table. If a District agency, Metro, or a federal vehicle is involved, call a lawyer right away.
What notice do I need to give before suing the District of Columbia?
You must give written notice to the Mayor of the District of Columbia within six months after the injury, stating the approximate time, place, cause, and circumstances of the injury, or a lawsuit for damages against the District generally cannot go forward (D.C. Code § 12-309). The three-year lawsuit deadline still applies; the six-month notice is an additional, earlier requirement.
This rule reaches claims against the District government itself: a crash with a Department of Public Works truck, a D.C. Fire and EMS vehicle, or a Metropolitan Police Department cruiser; a fall caused by a defective District sidewalk; an injury in a District facility. A written MPD report made in the regular course of duty counts as notice under the statute, but we do not rely on one when a proper notice can still be sent.
Metro (WMATA) and federal agencies follow different rules, discussed below. Our page on claims against the District of Columbia explains what a good notice letter contains.
How does PIP insurance work in D.C.?
D.C. auto insurers must offer optional personal injury protection (PIP), which pays medical and rehabilitation expenses, lost income, and funeral benefits regardless of who caused the crash (D.C. Code § 31-2404). Policyholders may buy any one or any combination of those three coverages, so check your declarations page before assuming you have it.
Medical and rehabilitation coverage must be at least $50,000 per person, work loss coverage at least $12,000, and funeral benefits pay actual costs up to $4,000. PIP covers the insured and occupants of the insured's vehicle or a vehicle the insured is driving.
The 60-day PIP election and why it matters
If you want D.C. PIP benefits, you must notify the PIP insurer of your election within 60 days of the accident (D.C. Code § 31-2405). That choice has a cost. A person who elects PIP may sue the at-fault driver only if the injury causes substantial permanent scarring or disfigurement, a substantial and medically demonstrable permanent impairment that significantly affects work or daily life, or an impairment that prevents substantially all usual daily activities for more than 180 continuous days, or if medical expenses or work loss exceed the PIP benefits available.
The insurer must tell you about the 60-day window in writing, and survivors of a person killed in a crash may sue regardless of any PIP election. Because the election can close the courthouse door on a moderate injury, we help clients weigh it before the 60 days run. Our post on the police report and PIP after a D.C. crash walks through the first steps.
Liability minimums and uninsured motorist coverage
D.C. requires drivers to carry only $25,000 per person and $50,000 per accident in liability coverage, and every D.C. auto policy must include uninsured motorist coverage in at least the same amounts (D.C. Code § 31-2406(c) and (f)). Insurers must also offer underinsured motorist coverage, which is often where the real recovery comes from after a serious injury. See our page on uninsured and underinsured motorist claims.
Is there a cap on damages in D.C. personal injury cases?
No D.C. statute caps compensatory damages, including pain and suffering, in an ordinary personal injury case; that is a sharp contrast with Maryland, which caps noneconomic damages by statute. A D.C. jury decides what the harm is worth based on the evidence.
Damages typically include past and future medical expenses, lost wages and earning capacity, and compensation for pain, suffering, and mental anguish. Proving them takes treating physicians, complete records, and, in serious cases, life care and economic testimony.
Some claims carry their own limits. In a Federal Tort Claims Act case, the lawsuit generally cannot ask for more than the amount stated in the administrative claim presented to the agency (28 U.S.C. § 2675(b)), so the claim must be valued carefully from the start. Our post on pain and suffering damages in D.C. discusses a recent verdict.
Which courts hear personal injury cases in D.C.?
Most D.C. personal injury lawsuits are filed in the Civil Division of the Superior Court of the District of Columbia, at the H. Carl Moultrie I Courthouse in Judiciary Square. Appeals go to the District of Columbia Court of Appeals, the District's highest court, which sits in the Historic Courthouse nearby.
Some cases belong in the U.S. District Court for the District of Columbia, at the E. Barrett Prettyman U.S. Courthouse on Constitution Avenue NW. Federal district courts have exclusive jurisdiction over Federal Tort Claims Act cases against the United States (28 U.S.C. § 1346(b)(1)), and they can hear cases between citizens of different states when more than $75,000 is at stake (28 U.S.C. § 1332(a)). Its decisions are reviewed by the U.S. Court of Appeals for the D.C. Circuit.
Can I bring a claim against Metro or the federal government?
Yes, but both follow special rules. WMATA is liable for torts committed in its proprietary functions, under the law of the applicable jurisdiction, but it is not liable for torts in the performance of governmental functions, and the remedy is a suit against WMATA itself (WMATA Compact § 80, D.C. Code § 9-1107.01). That line decides many Metrorail and Metrobus cases, and a WMATA case filed in Superior Court can be removed to federal court (Compact § 81).
Claims against federal employees and agencies run through the Federal Tort Claims Act. A written administrative claim must be presented to the right federal agency within two years (28 U.S.C. § 2401(b)); the agency generally has six months to decide before suit can be filed (28 U.S.C. § 2675(a)); and the case is tried to a judge, not a jury (28 U.S.C. § 2402). In Washington, that can mean a crash with a postal truck or a U.S. Park Police car, or a fall on federal property.
Read more on our pages for Metrorail and Metrobus injury claims and claims against the federal government.
Where we handle cases in Washington, D.C.
We represent people hurt in every part of the city, all eight wards. From our office on M Street in Georgetown (Ward 2), we handle crashes on the Whitehurst Freeway and K Street, pedestrian and cyclist cases in Columbia Heights and Adams Morgan (Ward 1), and collisions along Connecticut and Wisconsin Avenues near Tenleytown (Ward 3).
Our cases also come from Georgia Avenue in Petworth (Ward 4), Rhode Island Avenue near Brookland (Ward 5), Capitol Hill and the Navy Yard (Ward 6), Benning Road near Deanwood (Ward 7), and I-295 and Suitland Parkway near Anacostia and Congress Heights (Ward 8).
The responding agency controls the report and often the video: the Metropolitan Police Department for most crashes, the U.S. Park Police on federal parkland and parkways, and Metro Transit Police on Metrorail and Metrobus. We know how to get each agency's records.
Many of our clients live in Maryland or Virginia and were hurt in the District, or the reverse. When a case crosses state lines, see our Maryland personal injury lawyers and Virginia personal injury lawyers pages, and our guide chapter on which state's law applies to your injury.
Cases we handle in D.C.
Our D.C. attorneys
All four of our lawyers are admitted to practice in the District of Columbia. Ryan C. Posey and Jacob M. Lebowitz, the firm's founding partners, try cases and are also admitted in Maryland and Virginia, so a case that crosses the river or the District line does not need a second firm. Associates Jordan Boyle and Daniel Heng work with them on D.C. matters from intake through trial.
Recent D.C. decisions from our blog
- A D.C. ruling on rideshare arbitration when someone else ordered your Uber
- Whiteru: D.C.'s highest court confirms a duty to aid
- Injured in your D.C. apartment: your landlord cannot blame you for not moving out
- Suing D.C. when police or 911 fail to act: the public duty doctrine
- A D.C. ruling on assault and emotional distress claims
- When you can sue the government over a federal officer's conduct
- A D.C. law that limits health insurer subrogation against injury recoveries
- Wrongful death and survival actions in D.C.: two claims, two sets of rules
Frequently asked questions
How long do I have to file a personal injury lawsuit in Washington, D.C.?
In D.C., you generally have three years from the date of the injury to file a personal injury lawsuit (D.C. Code § 12-301(8)). Shorter limits apply to some claims: one year for assault and battery (§ 12-301(4)) and two years from the date of death for a wrongful death action (§ 16-2702). A claim against the District government also requires written notice to the Mayor within six months (§ 12-309). For a child, the lawsuit deadline generally does not start running until age 18 (§ 12-302).
Does D.C. still use contributory negligence?
Yes. Under D.C.'s contributory negligence rule, an injured person who is even slightly at fault for his or her own injury generally recovers nothing (Wingfield v. Peoples Drug Store, Inc., 379 A.2d 685 (D.C. 1977)). The main exceptions are the last clear chance doctrine and the statutory protection for pedestrians and vulnerable users in D.C. Code § 50-2204.52. Because insurers lean on this rule in nearly every case, early evidence about how the injury happened is critical.
I was hit while walking, biking, or riding a scooter in D.C. Can the driver's insurer blame me?
The insurer can try, but under D.C. Code § 50-2204.52 your own negligence does not bar recovery unless it was a proximate cause of the injury and greater than the combined negligence of all the defendants. The protection covers pedestrians and vulnerable users, defined to include people on bicycles, scooters, electric mobility devices, motorcycles, skateboards, and similar devices, who are involved in a collision with a motor vehicle or another vulnerable user. It does not cover the driver or passengers of a car, and it applies to collisions, not to a fall with no collision.
What do I have to do before suing the D.C. government?
You must give written notice to the Mayor of the District of Columbia within six months after the injury, describing the approximate time, place, cause, and circumstances (D.C. Code § 12-309). Without timely notice, a damages lawsuit against the District generally cannot proceed, even if it is filed within the three-year limitation period. The statute treats a written Metropolitan Police Department report made in the regular course of duty as sufficient notice, but a proper notice letter is the safer course.
Should I elect PIP benefits after a car accident in D.C.?
It depends on your injury, and you must decide within 60 days of the accident (D.C. Code § 31-2405(a)). PIP pays medical bills, lost income, and funeral costs regardless of fault, but a person who elects PIP may sue the at-fault driver only if the injury meets a serious-injury threshold or the medical expenses or work loss exceed the PIP benefits available. Talk to a lawyer before the 60 days run so you understand what you would be giving up.
Is there a cap on pain and suffering damages in D.C.?
No D.C. statute caps compensatory damages, including pain and suffering, in an ordinary personal injury case. That differs from Maryland, which caps noneconomic damages by statute. Some claims have their own limits; for example, a Federal Tort Claims Act lawsuit generally cannot seek more than the amount stated in the administrative claim (28 U.S.C. § 2675(b)).
Can I sue Metro or the federal government for an injury in D.C.?
Yes, but special rules apply to each. WMATA is liable for torts in its proprietary functions but not for torts in the performance of governmental functions (WMATA Compact § 80, D.C. Code § 9-1107.01). Claims against federal agencies and employees go through the Federal Tort Claims Act, which requires a written administrative claim to the agency within two years (28 U.S.C. § 2401(b)), and the case is tried to a judge rather than a jury (28 U.S.C. § 2402).
I live in Maryland or Virginia but was hurt in D.C. Can you help?
Yes. All four of our lawyers are admitted in the District of Columbia, and Ryan Posey and Jacob Lebowitz are also admitted in Maryland and Virginia. Our office is in Georgetown, and we meet clients by phone or video, at their home, or in the hospital when that is easier. Where you live can affect which insurance applies, so bring your own policy information to the consultation.
Related reading
- Suing the District of Columbia: the § 12-309 six-month notice
- Injured in D.C.: the three-year clock and its exceptions
- D.C.'s last clear chance doctrine
- Contributory negligence in D.C., Maryland, and Virginia
- DMV Injury Guide: contributory negligence, the rule that decides most DMV cases
- DMV Injury Guide: deadlines and the timeline of an injury case
Talk to a D.C. injury lawyer today
A claim against the District requires written notice to the Mayor within six months, and a D.C. PIP election must be made within 60 days of a crash. Call us now so neither deadline passes while you are still recovering.
Posey Lebowitz PLLC · 3221 M Street NW, Washington, DC 20007
Call (202) 524-0123 or request a free consultation. No fee unless we win your injury case.
More than $32 million recovered.
Plus more than $22 million in other assets.
Across more than 250 matters, in the District of Columbia, Maryland, and Virginia.
These case results are examples of matters handled by Posey Lebowitz PLLC. The outcome of any case depends on the specific facts and legal circumstances of that case. These results do not guarantee or predict a similar result in any future matter. Amounts shown are gross recoveries before attorney's fees, case expenses, and medical liens. Asset values are stated as of 2026 and will change.
Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.