Washington Statute of Limitations: Filing Deadlines by Case Type
Overview of Washington Statutes of Limitations
A statute of limitations is the legal deadline for filing a lawsuit or bringing criminal charges. In Washington State, these deadlines are found primarily in RCW Chapter 4.16 (civil actions) and RCW 9A.04.080 (criminal prosecutions). Missing the filing deadline can permanently bar your claim, so understanding these time limits is essential.
Washington law starts the clock on a civil claim when the "cause of action accrues," which typically means the date the injury or breach occurred. For some claims, such as fraud, the clock starts when the injured party discovers (or reasonably should have discovered) the wrongful conduct. Criminal statutes of limitations generally begin on the date the offense was committed.
The sections below cover every major civil and criminal category, the specific RCW statute that applies, and recent changes to Washington law.
Washington Civil Statute of Limitations
Washington civil deadlines range from 1 year to 10 years depending on the type of claim. Failing to file before the deadline allows the defendant to raise the statute of limitations as a defense, and the court will dismiss the case.
Civil Filing Deadlines by Case Type
| Case Type | Time Limit | Statute |
|---|---|---|
| Judgments | 10 years | RCW 4.16.020 |
| Child support arrears | Until youngest child turns 18 | RCW 4.16.020 |
| Written contracts | 6 years | RCW 4.16.040(1) |
| Account receivable | 6 years | RCW 4.16.040(2) |
| Collection of rents | 6 years | RCW 4.16.040(3) |
| Real property improvements (construction defects) | 6 years after completion | RCW 4.16.310 |
| Trespass on real property | 3 years | RCW 4.16.080(1) |
| Injury to personal property | 3 years | RCW 4.16.080(2) |
| Oral contracts | 3 years | RCW 4.16.080(3) |
| Fraud | 3 years from discovery | RCW 4.16.080(4) |
| Personal injury | 3 years | RCW 4.16.080(2) |
| Wrongful death | 3 years | RCW 4.20.010 |
| Libel and slander | 2 years | RCW 4.16.100(1) |
| Assault and battery | 2 years | RCW 4.16.100(1) |
| Medical malpractice | 3 years from act or 1 year from discovery (8-year max) | RCW 4.16.350 |
| Childhood sexual abuse (acts on or after June 6, 2024) | No time limit | RCW 4.16.340 |
| Childhood sexual abuse (acts before June 6, 2024) | 3 years from discovery | RCW 4.16.340 |
| Penalties (private party action) | 1 year | RCW 4.16.130 |
Written and Oral Contracts
Washington draws a clear line between written and oral agreements. Under RCW 4.16.040, any action on a written contract or liability arising from a written agreement must be filed within 6 years. This includes formal loan agreements, leases, and business contracts.
Oral contracts and implied agreements fall under RCW 4.16.080(3), which allows only 3 years from the date of the breach. Because oral agreements are harder to prove and have a shorter deadline, putting agreements in writing is strongly recommended.
Personal Injury and Wrongful Death
Washington gives injured parties 3 years to file a personal injury lawsuit under RCW 4.16.080(2). This applies to car accidents, slip-and-fall incidents, product liability claims, and other cases where someone suffers bodily harm due to another person's negligence.
Wrongful death claims also carry a 3-year deadline under RCW 4.20.010. The personal representative of the deceased may bring the action on behalf of surviving spouses, domestic partners, children, stepchildren, parents, or siblings.
Medical Malpractice
Medical malpractice claims follow special rules under RCW 4.16.350. The general deadline is 3 years from the date of the alleged malpractice, but Washington also allows 1 year from the date the patient discovered (or reasonably should have discovered) the injury. An absolute 8-year statute of repose applies, meaning no claim can be brought more than 8 years after the act, regardless of when the injury was discovered.
The legislature added the 8-year cap to protect healthcare providers from stale claims based on unreliable evidence. Additionally, a written good-faith request for mediation of a healthcare claim will toll (pause) the statute of limitations for up to 1 year under RCW 7.70.110.
Fraud
Fraud claims in Washington have a 3-year statute of limitations, but the clock does not start on the date of the fraudulent act. Under RCW 4.16.080(4), the cause of action accrues when the injured party discovers the facts constituting the fraud. This "discovery rule" recognizes that fraud is, by its nature, hidden from the victim.
Property Damage and Trespass
Damage to personal property and trespass on real property each carry a 3-year filing deadline under RCW 4.16.080. For claims arising from the construction, design, or engineering of improvements on real property, RCW 4.16.310 sets a 6-year statute of repose running from the date of substantial completion.
Debt Collection and Judgments
Creditors have 6 years to sue on a written debt under RCW 4.16.040. Account receivable claims also fall under this 6-year window. Once a judgment is entered, the creditor has 10 years to enforce it under RCW 4.16.020, with the option to renew the judgment under RCW 6.17.020.
For past-due child support that accrued under a court order entered after July 23, 1989, there is no fixed deadline. The time limit extends until the youngest child named in the order turns 18.
2024 Change: Childhood Sexual Abuse Claims
In a significant 2024 reform, Washington passed HB 1618, which amended RCW 4.16.340 to eliminate the civil statute of limitations for intentional childhood sexual abuse. For any act of childhood sexual abuse occurring on or after June 6, 2024, survivors may file a civil lawsuit at any point in their lifetime.
For abuse that occurred before June 6, 2024, the previous rules still apply. Survivors must file within 3 years of discovering (or reasonably should have discovered) that their injury was caused by the abuse. The time limit is tolled while the victim is under 18. Claims that were already time-barred before the new law took effect are not reopened.
This law also allows claims against institutions, such as schools, churches, and youth organizations, that failed to protect children or covered up abuse.
Washington Criminal Statute of Limitations
Washington criminal statutes of limitations are set out in RCW 9A.04.080. These deadlines limit how long after an offense the state can bring criminal charges. The most serious crimes have no time limit, while lesser offenses must be charged within 1 to 10 years.
Crimes With No Time Limit
The following offenses may be prosecuted at any time:
- Murder (all degrees)
- Homicide by abuse
- Arson that causes death
- Vehicular homicide
- Vehicular assault resulting in death
- Hit-and-run causing death
- Rape of a child under 16
- Child molestation
- Trafficking of a minor under 18
- Commercial sexual abuse of a minor
Criminal Filing Deadlines by Offense
| Offense Category | Time Limit | Statute |
|---|---|---|
| Murder, homicide by abuse, arson causing death | No limit | RCW 9A.04.080(1)(a) |
| Vehicular homicide/assault causing death | No limit | RCW 9A.04.080(1)(a) |
| Rape of child under 16, child molestation | No limit | RCW 9A.04.080(1)(a) |
| Rape in the first degree | 20 years | RCW 9A.04.080(1)(b) |
| Rape in the second degree | 20 years | RCW 9A.04.080(1)(b) |
| Indecent liberties | 20 years | RCW 9A.04.080(1)(b) |
| Attempted murder | 10 years | RCW 9A.04.080(1)(c) |
| Arson (not causing death) | 10 years | RCW 9A.04.080(1)(c) |
| Human trafficking | 10 years | RCW 9A.04.080(1)(c) |
| Public official misconduct | 10 years | RCW 9A.04.080(1)(c) |
| Rape in the third degree | 10 years, or until victim turns 30 (whichever is later) | RCW 9A.04.080(1)(c) |
| Incest (victim under 18) | 10 years, or until victim turns 30 (whichever is later) | RCW 9A.04.080(1)(c) |
| Leading organized crime | 6 years | RCW 9A.04.080(1)(d) |
| Identity crimes | 6 years | RCW 9A.04.080(1)(d) |
| Money laundering | 6 years | RCW 9A.04.080(1)(d) |
| Theft in the first or second degree | 6 years | RCW 9A.04.080(1)(d) |
| Class C felonies | 5 years | RCW 9A.04.080(1)(e) |
| Bigamy | 3 years | RCW 9A.04.080(1)(f) |
| All other felonies | 3 years | RCW 9A.04.080(1)(f) |
| Gross misdemeanors | 2 years | RCW 9A.04.080(1)(g) |
| Misdemeanors | 1 year | RCW 9A.04.080(1)(h) |
Sexual Offenses Against Minors
Washington provides extended deadlines for sexual violence crimes against children. Third-degree rape, commercial sexual abuse of a minor, and incest carry a 10-year statute of limitations. However, if the victim was under 18, the deadline extends until the victim's 30th birthday, whichever date is later. This gives young victims more time to come forward after reaching adulthood.
Rape of a child under 16 and child molestation have no statute of limitations at all.
Tolling Provisions: When the Clock Pauses
Washington law includes several situations where the statute of limitations is paused ("tolled"), giving plaintiffs or prosecutors additional time.
Minors and Individuals With Disabilities
Under RCW 4.16.190, the statute of limitations does not run while the potential plaintiff is:
- Under the age of 18
- Incompetent or disabled to a degree that prevents them from understanding legal proceedings (as determined under RCW Chapter 11.130)
- Imprisoned on a criminal charge prior to sentencing
Once the disability ends (for example, the minor turns 18), the normal statute of limitations period begins.
Defendant Absent From the State
For criminal cases, the statute of limitations does not run during any period when the accused is not "usually and publicly resident" within Washington State. If a suspect flees the state, the clock stops until they return.
Discovery Rule
For certain claims, such as fraud and medical malpractice, Washington uses a "discovery rule." The statute of limitations does not begin until the injured party discovers, or reasonably should have discovered, the injury or wrongful conduct. This prevents defendants from benefiting simply because their misconduct was hidden.
How Washington Compares to Neighboring States
Washington's deadlines fall in the middle range when compared to nearby states. Oregon gives only 2 years for personal injury claims, while Idaho allows 2 years as well. Washington's 3-year window for personal injury is more generous. For written contracts, Oregon allows 6 years (same as Washington), while Idaho gives 5 years.
On the criminal side, Washington is notable for having no statute of limitations on a wide range of violent and sexual crimes against children, placing it among the more protective states for victims.
Practical Tips for Washington Residents
Track your deadlines carefully. The statute of limitations begins on the date of injury or breach in most cases. Mark the date and count forward to know your exact deadline.
Get legal advice early. Even if you believe you have time remaining, gathering evidence and building a case takes time. Contacting an attorney well before the deadline is always wise.
Document everything. Preserve medical records, contracts, receipts, photographs, and correspondence related to your claim. Evidence becomes harder to collect as time passes.
Understand tolling. If you were a minor when the injury occurred, or if the defendant left the state, you may have additional time. An attorney can help determine whether tolling applies in your situation.
Do not assume your claim is time-barred. Some claims use the discovery rule, and others have special tolling provisions. Before giving up on a potential case, confirm the applicable deadline with a licensed Washington attorney.
More Washington Laws
- Murder Sentencing Guidelines - Minimum to Maximum for Every State (2026)
- Washington Car Seat Laws
- Washington Child Support Laws
- Washington Hit and Run Laws (2026 Guide)
- Washington Lemon Law: Complete Guide for 2026
- Washington Recording Laws (2026 Guide)
- Washington Sexting Laws (2026 Guide)
- Washington State Whistleblower Laws
- Washington Statute of Limitations
Sources and References
- Chapter 4.16 RCW: Limitation of Actions(app.leg.wa.gov).gov
- RCW 4.16.020: Actions to Be Commenced Within Ten Years(app.leg.wa.gov).gov
- RCW 4.16.040: Actions Limited to Six Years(app.leg.wa.gov).gov
- RCW 4.16.080: Actions Limited to Three Years(app.leg.wa.gov).gov
- RCW 4.16.100: Actions Limited to Two Years(app.leg.wa.gov).gov
- RCW 4.16.190: Statute Tolled by Personal Disability(app.leg.wa.gov).gov
- RCW 4.16.310: Actions Arising From Construction Improvements(app.leg.wa.gov).gov
- RCW 4.16.340: Actions Based on Childhood Sexual Abuse(app.leg.wa.gov).gov
- RCW 4.16.350: Medical Malpractice Limitation of Actions(app.leg.wa.gov).gov
- RCW 4.20.010: Wrongful Death Right of Action(app.leg.wa.gov).gov
- RCW 6.17.020: Execution Authorized Within 10 Years(app.leg.wa.gov).gov
- RCW 7.70.110: Mandatory Mediation of Health Care Claims(app.leg.wa.gov).gov
- RCW 9A.04.080: Limitation of Actions (Criminal)(app.leg.wa.gov).gov