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.
Table of Contents
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
Legal References
This guide is based on the following Washington statutes and legal resources:
- RCW § 4.16.080 — Personal injury (3 years)
- RCW § 4.16.040 — Written contracts (6 years)
- RCW § 4.16.080 — Oral contracts (3 years)
- RCW § 7.70.110 — Medical malpractice (3 years / 1 year discovery)
- RCW § 9A.04.080 — Criminal limitations
- RCW Title 4.92 — Tort claims against state
- Revised Code of Washington — Official Site
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.