What Is the Statute of Limitations in Washington?

In Washington, the statute of limitations establishes the legal timeframe for filing civil lawsuits or the period prosecutors have to bring criminal charges against suspects in Washington courts. If these deadlines expire, the courts may dismiss the case. This dismissal occurs even if the plaintiff's or prosecution's evidence is strong, provided the defendant raises the statute of limitations as an affirmative defense.

How Long Is the Statute of Limitations in Washington?

The time limits for filing lawsuits in Washington depend on the case type, severity of the offense, time of discovery, and tolling. Washington's statute of limitations for civil cases ranges significantly depending on the types of claims. While most civil claims have a 3-year limitation period, some may vary between 2 and 10 years.

For instance, a personal injury claim has a 3-year statute of limitations, while civil claims for breach of written contract must be within 6 years.

By comparison, the statute of limitations for criminal cases in Washington varies depending on the severity of the offenses. In Washington, prosecutors have 1 year or 2 years to file charges for misdemeanors, 3 to 20 years for felonies, while the most serious felonies have no statute of limitations.

What Crimes Have No Statute of Limitations in Washington

In Washington, most crimes must be prosecuted within specific periods. However, some serious crimes have no statute of limitations and may be charged at any time in Washington, no matter the number of years that have passed. The legal reasons for crimes with no statute of limitations are to:

• Protect individuals where concern for public safety outweighs lost evidence or faded memory.
• Encourage victims to overcome their fears, trauma, or manipulations by perpetrators to report such crimes regardless of the number of years that have passed.
• Ensure that the perpetrators of heinous crimes do not go unpunished.

Crimes with no statute of limitations in Washington include:

• Murder
• Homicide by abuse
• Commercial sexual abuse of a minor
• Child sex trafficking
• Custodial sexual misconduct in the first degree
• Vehicular homicide (when related to DUI or reckless driving)
• Rape of a child
• Arson resulting in death
• Hit-and-run injury/accident resulting in death.

Criminal Statute of Limitations in Washington

Criminal statute of limitations in Washington establishes the legal timeframe within which prosecutors must file charges against suspects. In Washington, the time limits for filing criminal charges vary with the:

• Type and severity of the crime
• Age of the victim at the time of the crime
• Nature of the crime
• Time of discovery (Discovery Rule)
• Defendant's action (rolling may apply if the defendant leaves Washington, conceals the crime, or new DNA evidence identifies a suspect).

The misdemeanor statute of Washington is between 1 and 2 years. Washington has a 1-year criminal statute of limitations for simple misdemeanors like trespassing and disorderly conduct, and 2 years for gross misdemeanors such as DUI, fourth-degree assault, and reckless driving.

The felony time limits in Washington range from 3 to 20 years. Likewise, serious felonies like murder, homicide by abuse, and sex-related offenses such as rape, child molestation, and commercial sexual abuse of a minor have no statute of limitations.

Nonetheless, the clock tolls if there is fraudulent concealment by the suspects, the defendant leaves Washington, or the victim is a minor at the time of the crime. Additionally, the Discovery Rule may set in, and the statute of limitations begins from the time of discovery of the crime.

Note: this is not an exhaustive list of Washington's criminal statute of limitations

Is There a Statute of Limitations on Attempted Murder?

Yes, there is a statute of limitations on attempted murder in Washington. Although Washington classifies murder and attempted murder as first-degree or Class A felonies, attempted murder has slightly less intent than murder.

Unlike murder, which has no time limit for prosecutions, the statute of limitations for attempted murder in Washington is 10 years from the date of the crime. However, the length of time someone may be charged for attempted murder in Washington may extend due to some factors. For instance, the limitation clock tolls (pauses) if:

• The defendant leaves or flees Washington before the discovery
• There is fraudulent concealment of the crime
• The victim was a minor at the time of the crime
• The crime was not discovered at the time of the incident.

Statute of Limitations on Sexual Assault in Washington

Sexual assault statute of limitations in Washington vary according to the type and age of the victims. Across the United States (including Washington), sex-related crimes have serious consequences. Hence, there is no statute of limitations for serious sex offenses such as:

• Child molestation in the First, Second, and Third Degree
• Custodian Misconduct in the First Degree
• Sexual exploitation of minors.

Additionally, there is no rape reporting deadline in Washington. However, the limitation period for filing sexual abuse claims in Washington depends on:

• The victim's age at the time of the crime (the clock tolls until the victim is 18 years)
• The date of discovery of the injury/harm
• Whether the abuse was part of a Continuing Course of Conduct
• Defendant's actions (for instance, if there is fraudulent concealment or the defendant leaves Washington State.

Nonetheless, while civil claims for sexual abuse may range between 3 and 20 years for adults, childhood sexual assault in Washington has no statute of limitations if the crime occurred on or after June 6, 2024.

Civil Statute of Limitations in Washington

Civil lawsuit deadlines in Washington range between 2 years and indefinitely. For instance, plaintiffs have a 3-year deadline to file personal injury claims, 6 years for breach or written contracts, and 10 years for enforcement of judgment claims if not renewed. Notably, civil claims for childhood sexual abuse have no statute of limitations, allowing victims to bring a claim at any point in their lives.

In Washington, the courts may not entertain a case outside its limitation period; the plaintiff loses the legal right to sue (regardless of available evidence) if the defendant raises a statute of limitations violation as an affirmative defense. How long you have to sue in Washington may depend on:

• The nature of the claim
• When the cause of action accrues (the discovery date)
• Age at the time of the injury or offense
• Date of legislative changes.

Nonetheless, the limitation clock will pause if the victim is a minor (until they are 18), there is fraudulent concealment, or the defendant leaves Washington. Furthermore, in some cases, the limitation begins from the date of discovery of the harm.

Statute of Limitations for Medical Malpractice in Washington

Individuals seeking to file lawsuits against their health providers in Washington must first understand the medical malpractice statute of limitations in Washington.

How long it takes to sue a doctor in Washington depends on the rules for medical malpractice actions and the tolling of the statute of limitations. Typically, the malpractice claim deadline in Washington is 3 years from the date of the negligent action/omission or 1 year from the discovery date (or when the injury from the medical error should reasonably be discovered).

However, the malpractice claim deadline in Washington pauses for individuals who were minors at the time of their injuries; the clock then begins to run from their 18th birthday, giving them until their 21st birthday to file (two years).
Furthermore, the medical malpractice statute of limitations in Washington also tolls under several other circumstances:

• If a foreign object remains in the body, and the clock only begins when the individual discovers the object
• The plaintiff is mentally incapacitated, remaining paused until the individual regains sanity and understands the legal proceedings.
• If fraudulent concealment occurs, the deadline may be extended by one year from the date of the discovery of the concealment.

Note that Washington does not apply a statute of repose after the Washington State Supreme Court ruled in 2023 that the state's 8-year statute of repose (absolute outer limit) for medical malpractice claims was unconstitutional.

Statute of Limitations for Debt in Washington

The debt statute of limitations in Washington ranges from 3 to 10 years. Claims such as those relating to personal loans, medical bills, and unpaid credit card debts are legally redeemable within 6 years from the date of the last payment. Plaintiffs have 10 years to claim debts resulting from court judgments.

Failure to file a lawsuit within the specified period means that the debt becomes time-barred and the claimant forfeits the right to sue. This may lead to the defendant not having the incentive to settle the debt since there is no threat of legal enforcement.

How long debt may be collected in Washington depends on:

• The type of debt/contract
• Accrual of the Cause of Action (when the clock starts)
• Acknowledgement or payment of the debt
• Tolling provisions.

However, making part payment, acknowledging, or entering into a new payment agreement on an old or delinquent debt in Washington resets the statute of limitations. Notwithstanding, per the federal Fair Credit Reporting Act, an unpaid debt stays on the debtor's credit report for 7 years.

Statute of Limitations for Child Abuse and Child Support in Washington

Child abuse statute of limitations in Washington varies with the case type (criminal or civil) and the age of the victim. Washington law provides extended timeframes for victims of child abuse to initiate legal action and implements measures to ensure consistent enforcement of child support obligations.

Criminal Statute of Limitations for Child Abuse

Per a 2019 Washington legislative update, criminal sexual abuse against individuals below 16 years has no statute of limitations. For individuals over 16 years but under 18 at the time of their abuse, the criminal statute of limitations for offenses such as rape, commercial sexual abuse of a minor, or incest may extend to 10 years or the victim's 30th birthday (whichever is later).

For other types of abuse against individuals who are 16 years or older (for instance, physical abuse or neglect), the statute of limitations typically ranges from 3 to 6 years (unless a longer statute of limitations applies to the specific crime).

Civil Statute of Limitations for Child Abuse

In Washington, there is no statute of limitations for suing for damage against perpetrators of child abuse for crimes that occurred on or after June 6, 2024. For abuse that occurred before June 6, 2024, victims who are over 16 but under 18 years have 3 years from their 18th birthday or the discovery date to sue for damages

There is no statute of limitations on child support enforcement in Washington. This means that single parents may approach the court to claim unpaid child support through the Division of Child Support (DCS) at any time. In Washington, there are several tools for child support enforcement, including:

• Wage garnishment
• Tax refund intercepts
• Driver’s license suspension
• Seizure of bank accounts
• Liens on property
• Referral to credit reporting agencies
• Contempt of court proceedings, which may result in jail time in severe cases of non-payment.