Washington Statute of Limitations: Filing Deadlines by Case Type (2026 Guide)

A comprehensive guide to Washington's statute of limitations for civil claims. Find out how long you have to file a lawsuit for personal injury, breach of contract, medical malpractice, debt collection, property damage, and other claims under Washington law.

Written by Daniel L. Simmons, J.D. · Last updated January 15, 2026

Fact-checked by the CourtDateCalculator.online legal editorial team. Reviewed for accuracy against the Revised Code of Washington.

Overview of Washington Statute of Limitations

Washington's statute of limitations sets strict deadlines for filing lawsuits in both civil and criminal cases. These deadlines are codified primarily in the Revised Code of Washington (RCW) Title 4 and vary depending on the type of claim. Missing a deadline can result in your case being dismissed, regardless of how strong your claim may be.

The time limits range from as short as 60 days for claims against certain local government entities to 6 years for written contract disputes. Some claims, such as medical malpractice, have complex rules with multiple overlapping deadlines and an ultimate statute of repose.

Key point: The statute of limitations clock typically starts on the date the injury occurred or the date the injury was discovered (or should have been discovered). Washington courts apply the discovery rule broadly. Always verify the applicable deadline with a qualified Washington attorney before relying on any general information.

Civil Statute of Limitations by Case Type

The following table summarizes the most common civil statute of limitations deadlines in Washington. These are general time limits and special rules may apply depending on the specific facts of your case.

Case Type Statute of Limitations Washington Code
Personal Injury 3 years RCW 4.16.080(2)
Wrongful Death 3 years RCW 4.16.080(2)
Breach of Written Contract 6 years RCW 4.16.004
Breach of Oral Contract 3 years RCW 4.16.080(3)
Property Damage 3 years RCW 4.16.080(2)
Medical Malpractice 3 years from act / 1 year from discovery RCW 7.70.050
Legal Malpractice 3 years RCW 4.16.080
Fraud 3 years RCW 4.16.080(4)
Defamation (Libel/Slander) 2 years RCW 4.16.100
Sexual Harassment / Employment 3 years RCW 4.16.080
Product Liability 3 years RCW 7.72.060
Debt Collection (Written Contract) 6 years RCW 4.16.004
Debt Collection (Oral Contract) 3 years RCW 4.16.080(3)
Claims Against Government Varies (60 days to 6 months notice) RCW 4.92 / 4.96
Childhood Sexual Abuse By age 28, or within 3 years of discovery RCW 4.16.340

Important: This table provides general time limits for common civil claims in Washington. Special rules may apply for claims involving minors, government entities, medical malpractice, products liability, and other specific situations. Always consult with a qualified Washington attorney for advice on your particular case.

Personal Injury Claims in Washington

Under RCW 4.16.080(2), Washington's statute of limitations for personal injury claims is 3 years from the date the injury occurred. This applies to a wide range of cases, including:

  • Car accidents and motor vehicle collisions
  • Slip and fall / premises liability cases
  • Assault and battery
  • Dog bites and animal attacks
  • Workplace injuries (outside of workers' compensation)
  • Product liability injuries

Discovery Rule

Washington courts apply the discovery rule broadly. Under this doctrine, the statute of limitations does not begin to run until the plaintiff discovered, or through the exercise of reasonable diligence should have discovered, all the elements of the cause of action. This is codified in part by RCW 4.16.030 and is commonly applied in:

  • Toxic exposure cases
  • Occupational diseases
  • Medical malpractice (hidden injuries)
  • Cases involving latent injuries

Minors

If the injured person is under 18 at the time of the injury, the statute of limitations is generally tolled (paused) until they reach the age of majority. Under RCW 4.16.190, the 3-year clock then starts on their 18th birthday, giving them until age 21 to file a lawsuit. Exceptions exist for medical malpractice claims involving minors.

Government claims exception: If your personal injury claim is against a government entity (city, county, state agency, or public school), you must file a notice of claim within a much shorter period under the Washington Tort Claims Act. The regular 3-year deadline does not apply to government defendants.

Contract Disputes in Washington

Washington law distinguishes between written and oral contracts, with different statute of limitations periods for each. Washington is notable for having one of the longer limitations periods for written contracts among U.S. states.

Written Contracts

Under RCW 4.16.004, the statute of limitations for actions based on a written contract or other liability created by a written instrument is 6 years from the date the cause of action accrues. This applies to employment agreements, lease agreements, business contracts, promissory notes, and other written agreements. The clock starts on the date the breach occurred.

Oral Contracts

Under RCW 4.16.080(3), the statute of limitations for breach of an oral contract is 3 years from the date of the breach. Oral contracts are enforceable in Washington for most purposes, but the shorter deadline reflects the difficulty of proving the terms of an unwritten agreement after a long period of time.

UCC Sales of Goods

For contracts involving the sale of goods, Washington's version of the Uniform Commercial Code (RCW 62A.2-725) sets a 4-year statute of limitations. The parties may reduce this to not less than 1 year, but may not extend it beyond 4 years.

Note: The statute of limitations for contract claims generally begins on the date of the breach, not the date the breach was discovered. However, Washington courts have recognized limited exceptions for fraud in the inducement and other special circumstances.

Medical Malpractice in Washington

Washington's medical malpractice statute of limitations is governed by RCW 7.70.050, part of the Washington Medical Malpractice Act. The rules include both a statute of limitations and a statute of repose:

Statute of Limitations

The statute of limitations for medical malpractice claims is the longer of:

  • 3 years from the date of the alleged negligent act or omission
  • 1 year from the date the injury was discovered or reasonably should have been discovered

This means that even if you did not discover the injury right away, you generally have at least 1 year from the date of discovery to file a claim.

Statute of Repose

Under RCW 7.70.050, no action may be brought more than 8 years after the date of the alleged act or omission, regardless of when the injury was discovered. This is an absolute bar with limited exceptions.

Exceptions

  • Foreign object: If a foreign object was left in the patient's body, the 8-year statute of repose does not apply
  • Minors under 18: The statute of repose does not apply to claims involving minors under 18 years of age at the time of the alleged act
  • Fraud: If the healthcare provider fraudulently concealed the error, the statute of limitations may be tolled
  • Incompetence: If the plaintiff was incompetent at the time the cause of action accrued, the limitations period may be tolled

Pre-Suit Requirements

Washington requires that medical malpractice plaintiffs provide at least 90 days' notice of intent to sue before filing a lawsuit. This notice requirement can toll (pause) the statute of limitations for up to 90 days. The notice must be served on each potential defendant and must include specific information about the claim.

Warning: Medical malpractice cases in Washington have strict procedural requirements, including the pre-suit notice requirement. Consult with an experienced Washington medical malpractice attorney immediately if you believe you have a claim.

Property Damage Claims in Washington

Under RCW 4.16.080(2), the statute of limitations for property damage claims in Washington is 3 years. This applies to:

  • Damage to real property (land, buildings, structures)
  • Damage to personal property (vehicles, equipment, belongings)
  • Trespass to real property
  • Conversion (theft or unauthorized use of personal property)
  • Vandalism and intentional property damage

The clock generally starts on the date the damage occurred. For latent damage that is not immediately discoverable (such as construction defects), the discovery rule may apply, but a separate statute of repose may also limit the time to file.

Construction-Related Claims

Washington has a statute of repose for construction-related claims. Under RCW 4.16.300–.320, actions against contractors, architects, engineers, and others involved in the construction or improvement of real property must generally be filed within 6 years of substantial completion of the construction. This is an absolute deadline that applies regardless of when the defect was discovered.

Debt Collection in Washington

The statute of limitations for debt collection in Washington depends on the type of debt. Washington is notable for having one of the longer limitations periods for written contract debts.

Type of Debt Statute of Limitations Legal Basis
Written contract (loans, promissory notes) 6 years RCW 4.16.004
Oral contract 3 years RCW 4.16.080(3)
Open-ended account (credit cards) 3 years (if oral) / 6 years (if written agreement) RCW 4.16.080(3) / 4.16.004
Auto loan deficiency 6 years (if written contract) RCW 4.16.004
Account stated / open account 3 years RCW 4.16.080(3)

When Does the Clock Start?

For most debts, the statute of limitations starts from the date of last payment or the date of default, whichever is later. In Washington, making a partial payment on a debt may restart the statute of limitations clock. Each payment on an account may reset the deadline.

Important: After the statute of limitations expires, debt collectors can still attempt to collect the debt, but they cannot successfully sue you. However, making a partial payment or acknowledging the debt in writing may restart the clock. Washington also has consumer protection laws under the Washington Consumer Protection Act (RCW 19.86) that may provide additional protections against unfair debt collection practices.

Wrongful Death Claims in Washington

Under RCW 4.16.080(2), the statute of limitations for wrongful death claims in Washington is 3 years from the date of the decedent's death. This applies when a person's death is caused by the wrongful act, neglect, or default of another.

Wrongful death claims in Washington may be filed by the personal representative of the decedent's estate on behalf of the decedent's surviving spouse, state-registered domestic partner, children, stepchildren, or other dependents. Washington was one of the first states to recognize wrongful death claims, having enacted its wrongful death statute in 1869.

Common Wrongful Death Scenarios

  • Fatal car or truck accidents
  • Medical malpractice resulting in death
  • Workplace fatalities
  • Defective products causing death
  • Intentional acts of violence
  • Premises liability incidents (e.g., drowning, unsafe conditions)

Survival Actions

In addition to wrongful death claims, Washington allows "survival actions" under RCW 4.20.046, which allow the estate of the deceased to pursue claims the deceased could have brought had they survived (such as pain and suffering before death). The statute of limitations for survival actions is also 3 years.

If the wrongful death claim is against a government entity, the shorter notice deadlines under the Washington Tort Claims Act apply instead.

Claims Against Government Entities in Washington

Washington imposes significantly shorter deadlines for claims against government entities under the Washington Tort Claims Act (RCW 4.92 for state entities and RCW 4.96 for local entities). The process requires advance notice before filing a lawsuit.

Claims Against the State

For claims against the State of Washington, you must file a claim with the relevant state agency. Under RCW 4.92.100, the state has waived sovereign immunity for certain tort claims. Claims are typically filed with the Office of Risk Management or the appropriate agency. The specific deadlines vary depending on the type of claim.

Claims Against Local Government Entities

For claims against local governmental entities (cities, counties, public hospital districts, etc.) under RCW 4.96.020, you must file a notice of claim with the governing body of the entity before filing a lawsuit. The notice requirements vary by entity, but commonly include:

  • The name and address of the claimant
  • The date, time, and location of the incident
  • A description of the injury, damage, or loss
  • The amount of damages claimed
  • Verification by the claimant

Most local entities require notice within 60 days to 6 months of the incident. Check the specific requirements for the governmental entity involved, as deadlines vary significantly between entities.

This applies to claims against:

  • The State of Washington and its agencies
  • Cities and municipalities
  • Counties
  • Public school districts and universities
  • Public hospital districts
  • Public transit authorities
  • Any other political subdivision of the state

Critical: Missing the notice deadline almost always permanently bars your claim against a government entity. Unlike private lawsuits, there is very little room for late filings or exceptions. If you believe you have a claim against a government entity, act immediately and consult with a Washington attorney. Deadlines as short as 60 days apply for some entities.

Criminal Statute of Limitations in Washington

Washington's criminal statute of limitations is governed by RCW 9A.04.080–9A.04.110. The deadlines vary based on the severity of the offense:

Offense Type Statute of Limitations Legal Basis
Murder in the first or second degree No limit RCW 9A.04.110(1)
Homicide by abuse No limit RCW 9A.04.110(1)
Arson in the first or second degree (if death resulted) No limit RCW 9A.04.110(1)
Vehicular homicide No limit RCW 9A.04.110(1)
Rape in the first or second degree No limit (if sufficient DNA or other evidence) RCW 9A.04.110(2)
Child molestation (first/second degree) No limit (if victim reported before age 30) RCW 9A.04.110(2)
Class A felony (general) No limit (most) RCW 9A.04.080
Class B felony (general) 10 years RCW 9A.04.080
Class C felony (general) 3 years RCW 9A.04.080
Gross misdemeanors 2 years RCW 9A.04.080
Misdemeanors 1 year RCW 9A.04.080

Note: Washington has expanded the list of crimes with no statute of limitations in recent years. In addition to murder and homicide, certain sex offenses involving children and offenses where DNA evidence identifies a suspect carry no time limit. The time limit for certain offenses may also be tolled if the defendant is not usually resident within Washington.

Extended Felony Limits

Offense Statute of Limitations
Rape 1st/2nd degree 20 years
Indecent liberties 20 years
Attempted murder 10 years
Arson 10 years
Human trafficking 10 years
Public official misconduct 10 years
Rape 3rd degree (victim under 18) 10 years or before victim turns 30
Commercial sexual abuse of a minor 10 years or before victim turns 30
Incest (victim under 18) 10 years or before victim turns 30
Identity crimes 6 years
Money laundering 6 years
Theft 1st/2nd degree 6 years
Leading organized crime / criminal profiteering 6 years
Bigamy 3 years

When Does Criminal Prosecution Officially Begin?

Under Washington law, prosecution is considered officially commenced when:

  • Information filed — A formal charge filed by the prosecutor
  • Indictment found — A formal charge issued by a grand jury
  • Complaint filed — A sworn statement alleging criminal conduct

Challenging Expired Criminal Charges

If you believe the statute of limitations has expired, your defense attorney can file a motion to dismiss under CrRLJ 2.1 or CrR 2.1.

Tolling and Exceptions in Washington

Under certain circumstances, Washington law allows the statute of limitations to be "tolled" (paused or extended). Common tolling doctrines include:

Minority (Under 18)

If the plaintiff is under 18 at the time the cause of action accrues, the statute of limitations is tolled until they reach the age of majority. This is codified at RCW 4.16.190. The clock starts on the plaintiff's 18th birthday. However, note the special rules for medical malpractice claims involving minors.

Disability (Legal Incapacity)

If the plaintiff is incompetent or under a legal disability at the time the cause of action accrues, the statute of limitations may be tolled under RCW 4.16.190. The disability must exist at the time the cause of action accrues; subsequent disability generally does not toll the limitations period.

Defendant's Absence from the State

Under RCW 4.16.180, if the defendant is not usually resident within Washington at the time the cause of action accrues, the period of non-residence is not counted toward the statute of limitations. This means the clock pauses while the defendant is out of state.

Discovery Rule

Washington courts broadly recognize the discovery rule. Under this doctrine, the statute of limitations does not begin until the plaintiff discovered, or through the exercise of reasonable diligence should have discovered, all the elements of the cause of action. This is codified in part by RCW 4.16.030 and is particularly relevant in:

  • Medical malpractice (hidden injuries)
  • Toxic exposure and environmental contamination
  • Fraud and misrepresentation
  • Professional malpractice (legal, accounting)
  • Occupational diseases

Fraudulent Concealment

If the defendant fraudulently concealed the facts giving rise to the claim, the statute of limitations is tolled until the plaintiff discovered or should have discovered the claim. Washington courts apply this doctrine when the defendant engaged in affirmative acts of concealment intended to prevent the plaintiff from discovering the claim.

Warning: Tolling doctrines are complex and fact-specific. Do not assume the statute of limitations has been extended in your case without consulting a Washington attorney. Courts apply these doctrines narrowly, and the burden of proving tolling is on the plaintiff.

Washington Statute of Limitations: Frequently Asked Questions

What is the statute of limitations for personal injury in Washington?
In Washington, the statute of limitations for personal injury claims is 3 years from the date of the injury under RCW 4.16.080(2). This applies to car accidents, slip and fall cases, assault, dog bites, and other injury claims. Washington broadly applies the discovery rule, meaning the clock may start when the injury was discovered or should have been discovered. However, if your claim is against a government entity, you must file a notice of claim within a much shorter period, often 60 days to 6 months depending on the entity.
What is the statute of limitations for medical malpractice in Washington?
Under RCW 7.70.050, the statute of limitations for medical malpractice in Washington is the longer of 3 years from the date of the alleged negligent act or 1 year from the date the injury was discovered or reasonably should have been discovered. However, no claim may be filed more than 8 years after the negligent act regardless of discovery (statute of repose), except for cases involving foreign objects left in the body or claims involving minors under 18. You must also provide 90 days' notice of intent to sue before filing a lawsuit.
What is the statute of limitations for breach of contract in Washington?
In Washington, the statute of limitations for breach of a written contract is 6 years under RCW 4.16.004. For breach of an oral contract, the limit is 3 years under RCW 4.16.080(3). Washington is notable for having one of the longer limitations periods for written contracts among U.S. states. The clock generally starts on the date the breach occurred, not when the breach was discovered.
What is the statute of limitations for debt collection in Washington?
In Washington, the statute of limitations for debt collection depends on the type of debt. Written contracts have a 6-year limit under RCW 4.16.004, oral contracts have a 3-year limit under RCW 4.16.080(3), and open-ended accounts (such as credit cards) may have either a 3-year or 6-year limit depending on whether they are treated as written or oral contracts. The clock typically starts from the date of the last payment or the date of default. Making a partial payment may restart the clock in Washington.
How long do I have to file a claim against a government entity in Washington?
Under the Washington Tort Claims Act (RCW 4.92 for state entities and RCW 4.96 for local entities), you must file a notice of claim with the relevant government entity before filing a lawsuit. For claims against the state, deadlines vary by agency. For claims against local governmental entities, most require notice within 60 days to 6 months depending on the entity. Missing the notice deadline almost always permanently bars your claim. Check the specific requirements for the governmental entity involved, as deadlines vary significantly.
Can the statute of limitations be extended in Washington?
Yes, under certain circumstances. The statute of limitations can be tolled (paused) if the plaintiff is a minor under 18, is under a legal disability, or if the defendant has left the state. Washington also broadly recognizes the discovery rule and fraudulent concealment as bases for tolling. However, these doctrines are fact-specific, and the burden of proving tolling is on the plaintiff. Always consult with a Washington attorney to determine if tolling applies to your case.
What is the statute of limitations for childhood sexual abuse in Washington?
Under RCW 4.16.340, victims of childhood sexual abuse may file a civil lawsuit within 3 years of the date the victim discovered or reasonably should have discovered that the injury or condition was caused by the sexual abuse, or by the victim's 28th birthday, whichever is later. The law also provides for treble damages and the right to sue institutions that covered up abuse. Additionally, the criminal statute of limitations for certain child sex offenses has no time limit under Washington law.
Does Washington have a statute of repose?
Yes, Washington has several statutes of repose. The most significant include: (1) Medical malpractice — an 8-year statute of repose under RCW 7.70.050 that bars claims filed more than 8 years after the negligent act, regardless of discovery, with exceptions for foreign objects and claims involving minors; (2) Construction of real property — a 6-year statute of repose under RCW 4.16.300–.320 for claims arising from the construction or improvement of real property; and (3) Products liability — a statute of repose under RCW 7.72.060 that bars claims filed more than the useful safe life of the product. Statutes of repose are absolute deadlines that generally cannot be tolled or extended.
Does making a partial payment restart the statute of limitations on debt in Washington?
Yes, in Washington, making a partial payment on a debt may restart the statute of limitations. Unlike some states where partial payments do not revive a time-barred debt, Washington courts have held that a partial payment can constitute an acknowledgment of the debt and restart the limitations period. This applies to both written and oral contracts. If you are contacted about an old debt, consult with an attorney before making any payment or written acknowledgment.
What is the criminal statute of limitations in Washington?
Washington has no statute of limitations for murder, homicide by abuse, vehicular homicide causing death, rape of a victim under 16, and child molestation. Rape 1st/2nd degree has a 20-year limit. Arson, attempted murder, human trafficking, and public official misconduct have 10-year limits. Identity crimes, money laundering, and theft 1st/2nd degree have 6-year limits. Class C felonies have 5 years. Gross misdemeanors have 2 years. Misdemeanors have 1 year.
What happens if I miss the statute of limitations deadline in Washington?
If you miss the deadline, the defendant can file a motion to dismiss, and the court will almost certainly dismiss your case permanently. Washington courts strictly enforce these deadlines. Very few exceptions exist, so it is critical to file before the statute of limitations expires.

Statute of Limitations in Other States

Compare Washington's deadlines with other states:

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Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Statute of limitations laws are subject to change and may be affected by recent legislation, court decisions, or the specific facts of your case. Special rules may apply for claims against government entities, medical malpractice under the Washington Medical Malpractice Act, products liability, cases involving minors, and other specific situations. Always consult with a qualified Washington attorney for advice on your particular situation. CourtDateCalculator.online is not a law firm and is not engaged in the practice of law.