Washington Statutes of Limitations

In the state of Washington, civil plaintiffs and prosecutors have a limited amount of time to file cases with the court. The laws setting these limitation periods are statutes of limitations.

Statutes of limitations give those filing cases enough time to make their case in court, but set deadlines so that defendants don’t have court cases pending forever.

Washington law sets these deadlines so that all parties have access to evidence while it is current, and witness recollections are fresh. In civil cases, the statute requires plaintiffs to bring legal action within a certain period after the incident occurs. In a criminal case, the prosecutor must file criminal charges within the time provided.

Because of these strict deadlines, it’s important to consult an attorney when you think you have a legal claim. They can walk you through your options and ensure a complaint is filed on time.

Understanding Statutes of Limitations

Under Washington state law, statutes of limitations are strict deadlines. If a party misses the statute, they cannot file their case. Although some exceptions exist, once the statute expires, or “runs,” the case is over.

In most cases, the time period begins when an incident occurs. For example, in a personal injury case, the clock starts after a car accident.

In other cases, the “discovery rule” applies. This allows a plaintiff to start the clock only when they could reasonably have learned they have a claim.

For instance, the statute of limitations for a medical malpractice case would begin when the patient discovers that the surgeon left a medical instrument inside their stomach, instead of when the operation occurred.

When necessary, the deadline is delayed or “tolled.” Tolling occurs when plaintiffs cannot file their case for equitable or other reasons.

• In a civil case, tolling occurs when the plaintiff is either under the age of 18 or mentally disabled and unable to file legal action on their own behalf

• In criminal cases, tolling takes place when a defendant is out of state

For instance, a personal injury claim with a three-year statute of limitations starts the day the plaintiff turns 18.

Civil Statutes of Limitation

Civil statutes of limitation vary depending on the nature of the claim. In situations where a statute was tolled, the filing deadline begins on the date when the plaintiff was able to file an action.

Washington’s civil statutes of limitation include:

• Two years: Defamation

• Three years: Most tort actions, such as personal injury, property damage, and trespass

• Six years: Debt collection, breach of contract claims

Plaintiffs must file medical malpractice claims within three years of injury or one year after discovering the injury, whichever period expires later. However, medical malpractice claims are generally barred if more than eight years pass after the injury occurs.

Criminal Statutes of Limitation

Washington law gives prosecutors much longer to investigate and prosecute crimes than it does in civil cases. Some criminal acts have no statutes of limitation, which means prosecutors can file at any time. Minor crimes have much shorter periods to prosecute. These include:

• No limit: Murder, arson, hit-and-run if death results, sexual assault of a child

• 20 years: Rape in the first and second degrees

• 10 years: Arson, attempted murder, trafficking

• Six years: Other felonies, dealing in stolen property, theft

• Two years: Any gross misdemeanor

• One year: Any misdemeanor

Get Legal Advice From a Washington Attorney

Statutes of limitation are not just suggestions. If you miss the filing deadline, your case will not get heard by the court. Consult with a Washington state attorney to ensure you file your legal action within the statutory deadline.