Washington Statute of Limitations: Filing Deadlines by Case Type

Washington sets civil filing deadlines of 3 years for personal injury claims and oral contracts under RCW 4.16.080, and 6 years for written contracts under RCW 4.16.040. Murder and certain sex crimes against children carry no time limit under RCW 9A.04.080.

Hurt in Washington? If you are still within the deadline above, you can estimate what your injury claim may be worth with our free Washington personal injury settlement calculator. It gives an instant range based on your medical costs and Washington's fault rule (general information, not legal advice).

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

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, borrowed from the general catch-all period in RCW 4.16.080(2). The right of action itself is created by RCW 4.20.010, which does not itself set a filing deadline; 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, whichever period expires later.

The text of the statute also sets an 8-year outer limit, and that provision is no longer enforceable. In Bennett v. United States, 2 Wn.3d 430, 539 P.3d 361 (2023), the Washington Supreme Court answered a certified question and held that "RCW 4.16.350(3)'s eight-year statute of repose for medical malpractice actions violates the privileges and immunities clause of article I, section 12." An earlier version of the same repose had already been struck down in DeYoung v. Providence Medical Center, 136 Wn.2d 136, 960 P.2d 919 (1998), after which the legislature reenacted it in 2006.

The published RCW text still prints the 8-year cap with no note about the ruling, which is why it is widely repeated. Do not treat a malpractice claim as automatically time-barred because more than 8 years have passed; the 3-year and 1-year periods above are what control. 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, RCW 4.16.020(3) allows 10 years to bring a collection action, measured from the eighteenth birthday of the youngest child named in the order. The ten-year period comes from the opening line of that section, which reads "Within ten years:" before listing subsection (3), so the clock runs for a decade after that birthday rather than ending on it. This applies to orders issued by a court or through the administrative process defined in RCW 74.20A.020(6).

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

Sexual Offenses Against Minors

Washington provides extended deadlines for sexual violence crimes against children. Rape in the third degree carries a flat 10-year statute of limitations with no age extension. Incest against a victim under 18 also carries a 10-year deadline, but that deadline extends until the victim's 30th birthday if that date is later. Commercial sexual abuse of a minor has no statute of limitations at all (see above); it does not belong in this 10-year group.

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

• Washington Car Accident Laws
• Washington Dog Bite Laws
• Washington Expungement Laws
• Washington Slip and Fall Laws
• Washington Workers Compensation Laws

Frequently Asked Questions

What is the statute of limitations for personal injury in Washington?

Washington allows 3 years from the date of injury to file a personal injury lawsuit under RCW 4.16.080. This applies to car accidents, slip-and-fall cases, product liability, and most other negligence claims.

Is there a statute of limitations on murder in Washington State?

No. Murder has no statute of limitations in Washington. Under RCW 9A.04.080, the state may prosecute murder charges at any time, regardless of how many years have passed since the offense.

How long do I have to sue for breach of contract in Washington?

It depends on whether the contract was written or oral. Written contracts have a 6-year statute of limitations under RCW 4.16.040. Oral contracts have a 3-year deadline under RCW 4.16.080.

What is the statute of limitations for debt collection in Washington?

Creditors have 6 years to file a lawsuit on a written debt or account receivable under RCW 4.16.040. Once a judgment is obtained, it can be enforced for 10 years under RCW 4.16.020 and may be renewed.

Does the statute of limitations pause if I am a minor in Washington?

Yes. Under RCW 4.16.190, the statute of limitations is tolled (paused) while the potential plaintiff is under 18 years of age. The normal limitation period begins once the individual turns 18.