Washington Statutes of Limitations for Civil Cases

Statutes of limitations establish the deadline for filing civil lawsuits. Once the deadline passes, a defendant can assert the statute of limitations as an affirmative defense, and the court must dismiss the claim. Washington's limitations periods vary significantly by cause of action. Understanding which statute applies and when the clock starts is critical to preserving your legal rights.

Personal Injury

Limitation Period: 3 years

Statute: RCW 4.16.130

Clock Starts: From the date of injury (when the plaintiff discovers or reasonably should discover the injury)

Personal injury claims—including automobile accidents, slip-and-fall incidents, and assault—must be filed within three years. The discovery rule applies: the limitations period begins when the injury is discovered, not necessarily when the tortious act occurred. For example, if you are injured in a car accident but don't realize the full extent of your injuries for several months, the three-year period typically begins when you discovered or reasonably should have discovered the injury.

Breach of Written Contract

Limitation Period: 6 years

Statute: RCW 4.16.040

Clock Starts: From the date of breach

Written contracts—including sales agreements, service contracts, and lease agreements—have a six-year limitations period. This longer window reflects the importance of written evidence. The period begins when the breach occurs, not when you discover it. For example, if a contractor fails to complete work on a specified date, the clock starts on that date, even if you don't discover the breach until later.

Breach of Oral Contract

Limitation Period: 3 years

Statute: RCW 4.16.080

Clock Starts: From the date of breach

Oral contracts fall under the general personal injury statute and carry a shorter three-year limitations period than written contracts. This reflects the evidentiary challenges of proving oral agreements. The period runs from the date of breach, regardless of when the breach is discovered.

Fraud

Limitation Period: 3 years

Statute: RCW 4.16.130

Clock Starts: From discovery of the fraud (discovery rule applies)

Fraud claims benefit from the discovery rule. The limitations period begins when the plaintiff discovers the fraud or, exercising reasonable diligence, should have discovered it. Courts recognize that fraudulent conduct is often hidden; therefore, the clock doesn't start until the plaintiff knew or should have known of the deception. This can result in a lawsuit filed years after the fraudulent act, provided the discovery happened within three years of filing.

Property Damage

Limitation Period: 3 years

Statute: RCW 4.16.130

Clock Starts: From the date of damage (or discovery of damage under the discovery rule)

Claims for damage to real or personal property—including vandalism, damage from accidents, and property destruction—must be filed within three years. The discovery rule applies: the period begins when you discover or reasonably should discover the damage. For latent defects in property (like hidden structural damage), the clock may start when the damage is discovered, not when it originally occurred.

Medical Malpractice

Limitation Period: 3 years from discovery; Ultimate repose limit of 7 years

Statute: RCW 7.43.010 and RCW 7.43.020

Clock Starts: From discovery of the injury caused by malpractice

Medical malpractice claims are governed by a specialized statute. The plaintiff has three years from discovery of the injury, but—critically—no claim may be brought more than 7 years after the date of the act or omission that is the subject of the claim, except in narrow circumstances.

Washington's repose period is absolute in most cases. Even if you discover malpractice on year 6 or 7 after the act, you have only limited time to file. The statute provides a narrow exception: if the defendant fraudulently concealed the malpractice, the repose period may be extended, but only if the discovery happens before the 7-year mark and the plaintiff files within the discovery period.

This is a critical distinction from other tort claims: the repose period acts as an outer boundary, protecting defendants from indefinitely deferred liability.

Wrongful Death

Limitation Period: 3 years

Statute: RCW 4.16.130

Clock Starts: From the date of death

Wrongful death claims must be filed within three years of the decedent's death. However, note that if the death results from medical malpractice, the specialized malpractice statute (RCW 7.43.010) applies instead, with its 7-year repose period.

Defamation (Libel and Slander)

Limitation Period: 3 years

Statute: RCW 4.16.130

Clock Starts: From the date of publication

Defamation claims—whether libel (written) or slander (spoken)—must be filed within three years of publication. For online content, the publication date is generally when the content first appears online, though this can be complex with continuously accessible material. Washington follows the "single publication rule," meaning each publication is a separate tort, but the limitations period runs from the original publication date for the purposes of a single lawsuit.

Trespass

Limitation Period: 3 years

Statute: RCW 4.16.130

Clock Starts: From the date of trespass

Trespass to land or chattels must be pursued within three years. The clock begins when the trespass occurs. For continuous trespasses (e.g., ongoing encroachment on property), each day may constitute a separate trespass, potentially allowing claims to be filed for ongoing conduct.

Debt Collection and Promissory Notes

Limitation Period: 6 years (written instruments); 3 years (open accounts)

Statute: RCW 4.16.040 (written instruments); RCW 4.16.100 (open accounts)

Clock Starts: From the date of default or last payment/acknowledgment

Written promissory notes fall under the contract statute and have a six-year period from default. Open accounts (like credit cards or lines of credit with no signed promissory note) have a three-year period from the last charge or payment. Making a payment or written acknowledgment of the debt may restart the clock, though this is heavily fact-dependent and requires careful analysis.

The Discovery Rule: Delayed Accrual

Washington applies the discovery rule to many causes of action, particularly those involving latent injury or fraud. Under this rule, the limitations period doesn't begin until the plaintiff discovers (or reasonably should discover) the injury or harm.

The discovery rule is particularly important in:

The "reasonably should discover" standard is objective. Courts ask: would a reasonable person, exercising ordinary diligence, have discovered the injury? This prevents plaintiffs from burying their heads in the sand, but it also recognizes that some injuries are genuinely hidden.

Tolling Provisions: When the Clock Pauses

Washington law suspends the limitations period in specific circumstances:

Minority

If the plaintiff is a minor at the time of injury, the limitations period does not run until the plaintiff reaches the age of majority (18 years old). This means a child injured at age 5 has until age 21 to file a personal injury claim (3 years after turning 18).

Statute: RCW 4.16.190

Mental Incapacity

If the plaintiff is legally incapacitated (adjudicated as mentally incompetent), the limitations period is tolled until competency is restored or a guardian is appointed.

Statute: RCW 4.16.190

Absence from Washington

If the defendant is absent from Washington State without the intent to defraud or delay, the time of absence may not count toward the limitations period. However, this tolling is rarely applied and requires strict proof.

Statute: RCW 4.16.200

Military Service

Active duty military service may toll certain limitations periods, though this is fact-specific and less commonly invoked in state court.

Practical Guidance: Calculating Deadlines Accurately

Count the Calendar

The limitations period runs from the trigger date (injury, breach, discovery, etc.). If an injury occurs on March 15, 2021, and the statute is three years, the deadline is March 15, 2024—not April 15. Count carefully.

File Before Midnight

The deadline is the last day to file. Filing on the final day is permissible, but do not miss it. If the deadline falls on a weekend or holiday, courts typically do not extend the deadline (though filing after hours may be possible electronically).

Account for Discovery Rule Complexity

If you are relying on the discovery rule—arguing you didn't discover the injury until late—document your diligence (or lack thereof). Plaintiffs who negligently fail to discover foreseeable injuries may lose the discovery rule protection.

Statute of Repose vs. Statute of Limitations

The medical malpractice repose period (7 years) is an absolute bar, even if you didn't discover the injury. For other causes of action, Washington typically does not have repose periods; the discovery rule may permit suits long after the act.

What Happens If You Miss the Deadline

If you file after the limitations period expires, the defendant will move to dismiss under CR 12(b)(6) (failure to state a claim upon which relief can be granted) or CR 12(c) (judgment on the pleadings). The court will grant the motion, dismissing your claim with prejudice (meaning you cannot refile). Your only recourse is appeal, which rarely succeeds unless the limitations period calculation itself was erroneous.

Consider Rule 6 Extensions

Washington Civil Rule 6(b) allows courts to extend deadlines, but only if the request is made before the deadline expires. You cannot ask for a deadline extension after you've already missed it. Courts are hesitant to extend limitations deadlines, as they are quasi-constitutional protections for defendants.

Interaction with Federal Law

If your case involves federal question jurisdiction or arises under federal law, federal limitations periods may apply. For example, claims under Title VII of the Civil Rights Act of 1964 have different time limits. When multiple statutes apply, courts determine which governs based on the nature of the claim.

Key Takeaways