Washington Statutes of Limitations
State and federal courts have time limits for either filing a civil complaint or formal criminal charges, which are intended to ensure the integrity of evidence and to prevent people from threatening lawsuits indefinitely.
By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed May 28, 2025
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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 as soon as practical within the time provided.
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 of a case. 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
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. For instance, a personal injury claim with a three-year statute of limitations starts the day the plaintiff turns 18. These include:
- Three years: Most tort actions, such as personal injury, property damage, and trespass
- Six years: Debt collection, breach of contract claims
- 10 years: Court judgments (renewable every 10 years)
Plaintiffs must file professional malpractice claims within three years of injury or one year after discovery, but not less than eight years in total after the injury occurred.
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.