District of Columbia Statutes of Limitations for Civil Cases

The District of Columbia has established specific time limits within which civil lawsuits must be filed. Missing these deadlines typically results in dismissal and permanent loss of the right to sue. Understanding these statutes of limitations is critical for both plaintiffs and defendants.

Personal Injury

Limitation Period: 3 years

Statute Citation: D.C. Code § 12-301(8)

When the Clock Starts: The statute of limitations begins running from the date the injury occurs, not the date the plaintiff discovers the injury. This distinction is crucial and has generated significant case law in the District.

Personal injury claims include negligence, assault, battery, and similar tort claims. The three-year window is relatively standard among American jurisdictions, but D.C. courts have applied this strictly. Filing on day 1,096 may be considered timely; filing on day 1,097 will likely result in dismissal based on the statute of limitations defense.

Breach of Written Contract

Limitation Period: 3 years

Statute Citation: D.C. Code § 12-301(1)

When the Clock Starts: The statute of limitations runs from the date of the breach, not from the date the contract was signed. If a payment is due on January 1 and the debtor fails to pay, the three-year clock begins on January 1.

Written contracts receive favorable treatment in some jurisdictions with longer periods, but D.C. applies a straightforward three-year limitation. This applies to contracts evidenced in writing, including promissory notes that incorporate written terms beyond the bare promise to pay.

Breach of Oral Contract

Limitation Period: 3 years

Statute Citation: D.C. Code § 12-301(1)

When the Clock Starts: Like written contracts, the clock begins on the date of breach.

Oral contracts receive the same three-year treatment as written contracts in D.C., though proving the contract's existence and terms is naturally more difficult without written evidence. Many jurisdictions give oral contracts a shorter period (often 2 years), but D.C. does not.

Fraud

Limitation Period: 3 years

Statute Citation: D.C. Code § 12-301(3)

When the Clock Starts: This is where the discovery rule becomes critical. The statute of limitations begins running from the date the plaintiff discovered, or reasonably should have discovered, the fraud—not from the date the fraudulent act occurred.

If a defendant makes a fraudulent misrepresentation in January 2020 but the plaintiff does not discover the fraud until March 2022, the three-year period begins in March 2022. However, the discovery rule has limits: courts will not extend the period indefinitely based on constructive notice. The plaintiff must exercise reasonable diligence.

Fraud claims often involve complex factual scenarios where defendants have actively concealed information. D.C. courts have held that where a defendant's conduct actively prevents discovery, the discovery rule applies more favorably to plaintiffs.

Property Damage

Limitation Period: 3 years

Statute Citation: D.C. Code § 12-301(8)

When the Clock Starts: The statute of limitations runs from the date the property damage occurs. This applies to cases involving damage to real or personal property, including conversion, trespass to chattels, and negligent property damage.

Like personal injury, the limitation period is three years from the date of the damaging event, not from when the plaintiff discovered the damage.

Medical Malpractice

Limitation Period: 3 years from discovery; 4-year repose period

Statute Citation: D.C. Code § 12-401

When the Clock Starts: The three-year period begins when the plaintiff discovers, or in the exercise of reasonable care should have discovered, the injury resulting from the malpractice.

The Repose Period: Critically, D.C. Code § 12-401 imposes an absolute 4-year repose period. Even if the plaintiff has not yet discovered the malpractice, no lawsuit may be filed more than 4 years after the negligent act or omission occurred, with limited exceptions.

Exceptions to the Repose Period: The 4-year repose period does not apply if:

Medical malpractice cases also require filing an affidavit of merit with the complaint, establishing reasonable grounds to believe malpractice occurred. This is a procedural requirement separate from the statute of limitations but equally important.

Wrongful Death

Limitation Period: 3 years

Statute Citation: D.C. Code § 12-301(8); D.C. Code § 12-501

When the Clock Starts: The statute of limitations begins running from the date of death, not from any earlier injury.

Wrongful death actions are distinct from personal injury claims but receive the same three-year limitation period in D.C. The personal representative of the deceased's estate typically brings the action on behalf of beneficiaries. Note that the clock does not begin earlier based on when the injury was sustained; it always starts from the death date.

Defamation, Libel, and Slander

Limitation Period: 1 year

Statute Citation: D.C. Code § 12-301(4)

When the Clock Starts: The statute of limitations begins from the date of publication. For printed materials, this is the date of publication. For online content, courts have struggled with whether the limitation period restarts each time the content is accessed or republished, but the general rule is that it runs from the date of initial publication.

The one-year period is substantially shorter than other tort claims and reflects public policy favoring free speech. Once one year passes, the defendant has absolute immunity from suit regardless of the defamation's severity or falsity.

Trespass

Limitation Period: 3 years

Statute Citation: D.C. Code § 12-301(8)

When the Clock Starts: The statute of limitations begins from the date of the trespass. If the trespass is continuing (e.g., an ongoing encroachment on property), each day of trespass may constitute a separate violation, allowing potential claims for continuing trespasses even if earlier trespasses are time-barred.

Debt Collection and Promissory Notes

Limitation Period: 3 years

Statute Citation: D.C. Code § 12-301(1)

When the Clock Starts: For promissory notes and other debt instruments, the statute of limitations begins running from the date payment was due. For open accounts or periodic payment obligations, the clock runs from the last payment or last transaction.

Important Distinction: A promissory note is subject to the contract statute of limitations, not a separate debt statute. However, D.C. law recognizes that certain debt-collection activities by the creditor may restart ("toll") the clock under the discovery rule, particularly if the creditor's conduct actively prevents the debtor from discovering the debt or has misled the debtor about the debt's status.

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Discovery Rule and Delayed Accrual

D.C. Code § 12-301 incorporates the discovery rule, which delays the commencement of the statute of limitations in certain cases. Rather than running from the date of the wrongful act, the period begins when the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal connection to the defendant's conduct.

The discovery rule applies most prominently in medical malpractice cases but has also been recognized in fraud cases and other contexts involving hidden injuries. Courts apply an objective standard: would a reasonable person in the plaintiff's circumstances have discovered the injury with reasonable diligence?

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Tolling Provisions

D.C. Code § 12-302 outlines several tolling doctrines that suspend the running of the statute of limitations:

Minority: If the plaintiff is under 18 years old when the cause of action arises, the statute of limitations does not begin running until the plaintiff reaches the age of 18. However, this does not extend the absolute repose periods in medical malpractice cases.

Mental Incapacity: If the plaintiff is mentally ill or incapacitated, the statute of limitations is tolled during the period of incapacity. The plaintiff (or guardian) must establish the incapacity formally, typically through medical evidence.

Absence from the District: If the defendant is absent from the District of Columbia and has no agent or attorney upon whom service can be made, the statute of limitations does not run while the defendant is absent. This provision is rarely invoked but remains law.

Military Service: Special tolling provisions may apply during active military service, though these are primarily governed by federal law (Servicemembers Civil Relief Act, 50 U.S.C. § 3953).

Key Point on Tolling: Tolling provisions are construed narrowly in D.C. The burden is on the party asserting tolling to prove its applicability with specificity.

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Calculating the Deadline Accurately

Practical Advice:

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Consequences of Missing the Deadline

If a lawsuit is filed after the statute of limitations has expired:

D.C. courts apply the statute of limitations rigorously and do not grant exceptions based on equitable grounds unless extraordinary circumstances exist.

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Key Takeaways