Washington statute of limitations by claim
In Washington you generally have 3 years to sue for personal injury, 3 years for property damage, 6 years on a written contract and 3 years on an oral one, but only 2 years for defamation.[1][4] The table lists every common civil claim with the statute and the notes that change it.
| Claim | Deadline | Statute |
|---|---|---|
| Personal injury | 3 years | RCW 4.16.080(2)Assault and battery are 2 years (RCW 4.16.100(1)). |
| Medical malpractice | 3 years | RCW 4.16.350The statute's 8-year repose period was held unconstitutional in Bennett v. United States (Wash. Dec. 7, 2023), as in DeYoung v. Providence Medical Center (1998). Fraud, intentional concealment or a foreign body tolls the period until actual knowledge, then 1 year. |
| Wrongful death | 3 years | RCW 4.16.080(2); RCW 4.20.010The wrongful death statute (RCW 4.20.010) sets no period of its own; the general 3-year period applies. If death resulted from health care, RCW 4.16.350 governs. |
| Property damage | 3 years | RCW 4.16.080(2)Waste or trespass on real property is also 3 years (RCW 4.16.080(1)). |
| Written contract | 6 years | RCW 4.16.040(1)Sale of goods (UCC): 4 years (RCW 62A.2-725). |
| Oral contract | 3 years | RCW 4.16.080(3)Covers express or implied contracts not in writing, except accounts receivable (6 years). |
| Credit card / account debt | 6 years | RCW 4.16.040(2)An account receivable is any obligation incurred in the ordinary course of the creditor's business, so credit card and store accounts are usually 6 years; without a written agreement or account-receivable status, 3 years may apply (RCW 4.16.080(3)). Since 2019 (Laws of 2019, ch. 377) an acknowledgment or promise made after the period expires cannot revive it; a written signed acknowledgment before expiry can, and payments keep their effect (RCW 4.16.280). |
| Fraud | 3 years | RCW 4.16.080(4) |
| Defamation | 2 years | RCW 4.16.100(1)Same period for libel and slander. |
| Product liability | 3 years | RCW 7.72.060(3)Repose: No fixed repose; sellers are not liable for harm after the product's useful safe life, presumed to end 12 years after delivery (RCW 7.72.060(1)–(2)) The 12-year presumption can be rebutted, and does not apply to longer warranties, concealment, or harm from exposure within the useful safe life. |
What is different in Washington
Washington has no short notice deadline for government claims: a standard tort claim form must be filed within the ordinary period, followed by a 60-day wait before suit, which tolls the deadline. The 8-year malpractice repose was struck down by the state supreme court, and a promise to pay made after a debt’s period has run no longer revives it.
- The 8-year medical malpractice statute of repose was struck down by the Washington Supreme Court in Bennett v. United States (Dec. 7, 2023), the second time it has been invalidated. (RCW 4.16.350; Bennett v. United States (Wash. 2023))[10]
- No time limit for civil claims based on intentional childhood sexual abuse that occurs on or after June 6, 2024 (Laws of 2024, ch. 253); older abuse keeps the 3-year discovery-based rule, tolled until 18. (RCW 4.16.340(6))[11]
- A promise or acknowledgment made after a debt's limitation period has expired cannot restart or revive it (Laws of 2019, ch. 377). (RCW 4.16.280)[12]
- Before suing the state or a local government, a claimant must file the standard tort claim form and wait 60 days; the limitation period is tolled during the wait. (RCW 4.92.110; RCW 4.96.020(4))[13]
When the clock starts and stops
Statutes give a discovery rule for fraud, medical malpractice, product liability and childhood sexual abuse; courts also apply it to other torts where the plaintiff could not reasonably have known of the injury and its cause. (RCW 4.16.080(4); RCW 4.16.350; RCW 7.72.060(3))
Minors. Washington pauses the clock while the injured person is a minor: the period starts at age 18. Time under 18 is not counted. For medical malpractice, RCW 4.16.350 still says a custodial parent's knowledge is imputed to the minor, but the Washington Supreme Court struck down the former med-mal exception to minority tolling in Schroeder v. Weighall (2014).[6]
Other tolling. Defendant's absence from the state or concealment is not counted (RCW 4.16.180); incapacity and imprisonment before sentencing toll (RCW 4.16.190); the 60-day government claim waiting period tolls the limitation (RCW 4.92.110, 4.96.020(4)).
Suing the government in Washington
Claims against a public body follow their own rules, and a missed notice can end the claim even when the ordinary limitation period is still open.[7][8]
| Defendant | Deadline | Statute |
|---|---|---|
| State agencies | Standard tort claim form presented to the Office of Risk Management within the ordinary limitation period (no shorter notice deadline); suit only after 60 daysAfter a 60-day waiting period, within the ordinary limitation period (e.g. 3 years for personal injury), which is tolled during the 60 days | RCW 4.92.100, 4.92.110 |
| Cities, counties and other local entities | Standard tort claim form presented to the entity's appointed claims agent within the ordinary limitation period; suit only after 60 daysAfter a 60-day waiting period, within the ordinary limitation period, which is tolled during the 60 days | RCW 4.96.020 |
Criminal statute of limitations in Washington
Most felonies in Washington: 3 years for felonies not otherwise listed; 5, 6, 10 or 20 years (or no limit) for listed offenses. Misdemeanors: 2 years (gross misdemeanor); 1 year (misdemeanor).[9] Prosecutors must file charges within these periods; the victim’s civil deadline is separate.
| Offense | Time limit | Statute |
|---|---|---|
| Felonies | 3 years for felonies not otherwise listed; 5, 6, 10 or 20 years (or no limit) for listed offensesLast amended by Laws of 2026, ch. 223. | RCW 9A.04.080(1)(j) |
| Misdemeanors | 2 years (gross misdemeanor); 1 year (misdemeanor) | RCW 9A.04.080(1)(k)–(l) |
| No time limit | Murder; homicide by abuse; arson, vehicular assault or hit-and-run causing death; vehicular homicide; first- and second-degree rape of a victim under 16; rape of a child and child molestation (all degrees); sexual exploitation of a minor; trafficking of a minor; rape by a first responder using that position | RCW 9A.04.080(1)(a) |
| Sexual assault | Adult victim: first- and second-degree rape 20 years, third-degree rape 10 years. Victim under 16 (rape) or child sex offenses: no limit. Periods run from DNA or photo identification of the suspect plus 4 years if later. | RCW 9A.04.080(1)(a)–(c), (3) |
| Theft | Felony theft: 3 years, but first- or second-degree theft by deception and theft from a vulnerable adult: 6 years from commission or discovery, whichever is later. |
Worked example
An icy-sidewalk fall in Spokane on November 30, 2024: under the personal injury deadline is November 30, 2027. If the injured person was a child born September 3, 2012, the clock would not start until September 3, 2030, making the deadline September 3, 2033.
For a claim of $10,000 or less, Washington’s small claims (Small Claims Department of the District Court) is usually faster and cheaper; compare the small claims limit by state.[14] To value an injury claim, try the car accident settlement calculator; for medical cases, compare the medical malpractice statute of limitations in other states. All states are on the statute of limitations by state page.
Frequently asked questions
How long do you have to sue for personal injury in Washington?
What is the statute of limitations on debt in Washington?
Does the statute of limitations pause for minors in Washington?
What crimes have no statute of limitations in Washington?
What is the statute of limitations for personal injury in Washington State?
Sources
- RCW 4.16.080(2): personal injury limitation period
- RCW 4.16.350: medical malpractice limitation period
- RCW 4.16.080(2); RCW 4.20.010: wrongful death limitation period
- RCW 4.16.040(1): written contract limitation period
- RCW 4.16.040(2): credit card / account debt limitation period
- RCW 4.16.190: tolling for minors
- RCW 4.92.100, 4.92.110: claims against the state
- RCW 4.96.020: claims against local government
- RCW 9A.04.080(1)(j): criminal limitation periods
- RCW 4.16.350; Bennett v. United States (Wash. 2023)
- RCW 4.16.340(6)
- RCW 4.16.280
- RCW 4.92.110; RCW 4.96.020(4)
- Washington small claims (official court self-help)