District of Columbia Civil Statute of Limitations Laws

Civil statutes of limitations set a period for you to file a civil case or lawsuit. Statutes of limitation give prospective plaintiffs a deadline to bring a civil action. If the plaintiff does not bring a suit within the statute of limitations, the defendant can ask the court to dismiss the suit. Statutes of limitation encourage speedy resolution of lawsuits.

This FindLaw article explores civil statutes of limitation in Washington, D.C.

Understanding Statutes of Limitation

Most states, territories, and the District of Columbia have statutes of limitations that provide different time limits for specific causes of action. For example, under the D.C. Code, the statute of limitations for a personal injury in the District is longer than for libel and slander. One reason for the difference in timing for different causes of action is that some claims are challenging to detect. Libel is easier to detect than fraud.

Timing

In assessing a statute of limitation, many prospective plaintiffs and defendants want to know when the time limit begins to accrue. In most cases, you must look to the date the underlying action happened. Consider an action for false arrest. In the District of Columbia, you have one year from the date the false arrest happened to file a civil lawsuit.

Reasonable Diligence

Some causes of action, like wrongful death due to asbestos exposure, are challenging to detect. In these cases, prospective plaintiffs have a longer time window to bring a case. In the case of asbestos exposure, for example, plaintiffs have five years from the date the plaintiff discovered the injury or should have done so with reasonable diligence. Reasonable diligence is the care a “prudent person” would use to examine an issue.

District of Columbia Statutes of Limitation

Under D.C. law, the following causes of action carry a one-year statute of limitations period:

  • Libel
  • Slander
  • Assault
  • Battery
  • False arrest
  • False imprisonment

One reason for such a short time limit is that these are causes of action that plaintiffs should recognize or discover quickly. Consider the tort of battery, for example. Battery happens when one person intentionally touches another person, without consent, in a harmful or offensive manner. Given the nature of this tort, you experience the unintentional touch immediately, while fraud may take longer to uncover.

The following chart provides an overview of D.C.’s statutes of limitations.

Injury to person

Three years (§12-301(8)).

Libel/slander

One year (§12-301(4)).

Medical malpractice

Three years (§12-301(8))

Breach of contract

Three years (§12-301(8))

Wrongful death

Two years (§16-2702)

Product liability

Three years (§12-301(8))

Fraud

Three years (§12-301(8)).

Personal injury

Three years (§12-301(8))

Injury to personal property

Three years (§12-301(2,3)).

Professional malpractice

Three years (§12-301(8)).

Trespass

Three years (§12-301(3)).

Collection of rents

Three years (§12-301(8)).

Contracts

Written: Four years (sales contract) §28:2-725; three years (simple contract) §12-301(7).

Collection of debt on account

Three years (§12-301(8)).

Judgments

12 years (§15-101); foreign judgments according to law of foreign jurisdiction (§12-307)).

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Get Legal Help

Timing is critical in personal injury cases; you can’t file your personal injury lawsuit after the civil statute of limitations expires. An experienced personal injury attorney can help ensure you don’t miss any deadlines and give you solid legal counsel. Speak to a qualified personal injury attorney today.

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