Washington Statutes of Limitations
NOTE: The governor and the courts have taken no steps to alter statutes of limitations in response to the COVID-19 pandemic.
What Is the Statute of Limitations in Washington State?
For a civil lawsuit, the statute of limitations in Washington State is typically three years for most types of claims. Criminal statutes of limitations range from one year for minor misdemeanors to ten years for some types of felonies. The most serious felony charges, like murder, have no statute of limitations.
Is There a Statute of Limitations for Personal Injury in Washington State?
Yes: The WA state statute of limitations for personal injury and negligence cases is three years. The discovery rule applies to the personal injury statute of limitations in Washington, meaning that you have three years from the date of injury or the date that the injury was discovered.
“The following actions shall be commenced within three years:
“(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated.” (Wash. Rev. Code Ann. § 4.16.080)
Toxic Tort
2 Years
“An action for relief not hereinbefore provided for, shall be commenced within two years after the cause of action shall have accrued.” (Wash. Rev. Code Ann. § 4.16.130)
Wrongful Death
3 Years
“The following actions shall be commenced within three years:
“(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated.” (Wash. Rev. Code Ann. § 4.16.080)
Washington State Medical Malpractice Statute of Limitations
The statute of limitations for medical malpractice claims in Washington is three years.
“Any civil action for damages for injury occurring as a result of health care which is provided after June 25, 1976, against:
“(1) A person licensed by this state to provide health care or related services, including, but not limited to, a physician, osteopathic physician, dentist, nurse, optometrist, podiatric physician and surgeon, chiropractor, physical therapist, psychologist, pharmacist, optician, physician’s assistant, osteopathic physician’s assistant, nurse practitioner, or physician’s trained mobile intensive care paramedic, including, in the event such person is deceased, his or her estate or personal representative;
“(2) An employee or agent of a person described in subsection (1) of this section, acting in the course and scope of his or her employment, including, in the event such employee or agent is deceased, his or her estate or personal representative; or
“(3) An entity, whether or not incorporated, facility, or institution employing one or more persons described in subsection (1) of this section, including, but not limited to, a hospital, clinic, health maintenance organization, or nursing home; or an officer, director, employee, or agent thereof acting in the course and scope of his or her employment, including, in the event such officer, director, employee, or agent is deceased, his or her estate or personal representative; based upon alleged professional negligence shall be commenced within three years of the act or omission alleged to have caused the injury or condition, or one year of the time the patient or his or her representative discovered or reasonably should have discovered that the injury or condition was caused by said act or omission, whichever period expires later, except that in no event shall an action be commenced more than eight years after said act or omission.” (Wash. Rev. Code Ann. § 4.16.350)
Product Liability
3 Years
“The following actions shall be commenced within three years:
“(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated.” (Wash. Rev. Code Ann. § 4.16.080)
“Subject to the applicable provisions of chapter 4.16 RCW pertaining to the tolling and extension of any statute of limitation, no claim under this chapter may be brought more than three years from the time the claimant discovered or in the exercise of due diligence should have discovered the harm and its cause.” (Wash. Rev. Code Ann. § 7.72.060)
Fraud
3 Years
“The following actions shall be commenced within three years:
“(4) An action for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud.” (Wash. Rev. Code Ann. § 4.16.080)
Municipal Liability/Sovereign Immunity
Washington does not have sovereign immunity, but numerous restrictions apply.
Comparative Negligence
Washington follows the doctrine of comparative negligence, meaning that if the plaintiff is partly to blame for their own injuries, their award will be reduced by their percentage of fault.
Charitable Immunity
Washington does not offer charitable immunity.
Legal Disabilities
For plaintiffs with legal disabilities, the statute of limitations begins to run after the disability ends. For children, this is their 18th birthday.
Punitive Damages
Punitive damages are not allowed except where provided by statute.
No-Fault Insurance
Washington is not a no-fault state.
Consumer Fraud Complaints
Direct consumer fraud complaints to the Office of the Attorney General online or by mail. You can also call the Consumer Resource Center at 1-800-551-4636 (toll-free in Washington).
Frequently Asked Questions
What Crimes Are Exempt From the Statute of Limitations?
In Washington, the most serious criminal offenses, including murder, vehicular homicide, homicide by abuse, and arson that causes a death, have no statute of limitations.
How Long Does a Prosecutor Have to File Charges in Washington State?
The law requires prosecutors to file criminal charges within three days of an arrest.
Can a Criminal Statute of Limitations Be Extended?
The statute of limitations can be extended in some cases, such as those involving child abuse, concealment of assets in bankruptcy, wartime fraud against the government, dismissal of original charges, fugitives, foreign evidence or DNA evidence.