Understanding the statute of limitations is crucial when pursuing legal action in Washington. Whether you’re filing a personal injury lawsuit, a contract dispute, or a criminal charge, knowing the deadlines for legal claims can make the difference between a successful case and one that is dismissed.

Personal Injury and Property Damage Claims

If you have suffered an injury due to someone else’s negligence, you generally have three years to file a lawsuit. This applies to car accidents, slip and falls, and other personal injury claims. Similarly, property damage claims must also be filed within three years from the date of the incident.

Medical Malpractice

Victims of medical negligence have three years from the date of the injury or one year from the date the injury was discovered (whichever comes later) to file a claim. However, Washington law imposes an absolute eight-year cap on filing a claim, regardless of when the injury was discovered.

Breach of Contract

For written contracts, the statute of limitations is six years, while for oral contracts, it is three years. If someone has failed to fulfill their contractual obligations, you must act within these timeframes to seek legal remedies.

Debt Collection

In Washington, creditors have six years to sue for unpaid debts based on a written contract and three years for oral agreements. Once the statute of limitations expires, creditors can no longer take legal action to collect the debt.

Defamation (Libel and Slander)

If someone has made false statements that harm your reputation, you have two years to file a lawsuit for defamation. This includes both written (libel) and spoken (slander) statements.

Criminal Statutes of Limitations

Washington law also sets deadlines for prosecuting crimes. The most serious offenses, such as murder, have no statute of limitations, meaning they can be prosecuted at any time. Felonies such as rape typically have a ten-year limitation, while most other felonies must be prosecuted within three to six years. Misdemeanors, including theft and assault, generally have a one- to two-year limit.

Exceptions and Tolling of Statutes

Certain circumstances can extend or “toll” the statute of limitations. For instance, if the injured party is a minor or mentally incapacitated, the clock may pause until they are legally capable of pursuing a claim. Similarly, if the defendant leaves the state, the statute of limitations may be tolled until they return.

Why the Statute of Limitations Matters

Failing to file within the required time limits can result in your case being dismissed, preventing you from recovering damages or enforcing your rights. If you believe you have a legal claim, consulting an attorney as soon as possible ensures you meet the necessary deadlines and take appropriate action.

At The Law Office of Erin Bradley McAleer, we help individuals navigate Washington’s legal system and ensure their rights are protected. If you need assistance determining whether your claim is still valid, contact us today for a consultation.