Washington’s Statute of Limitations Explained: How Long You Have to Bring Different Kinds of Cases

Time is one of the most important factors in the legal system. Even when you have a valid claim, you must file it within a specific period of time. This deadline is known as the statute of limitations. In Washington, the statute of limitations varies depending on the type of case. Understanding these rules can mean the difference between having your case heard or having it dismissed entirely.

What Is a Statute of Limitations?

A statute of limitations sets the maximum time after an event within which legal proceedings may be initiated. Once the deadline passes, the claim is usually barred. These rules are designed to encourage people to bring claims while evidence is fresh and to provide certainty for potential defendants. In Washington, different statutes apply to criminal, civil, and personal injury matters.

Personal Injury and Negligence

In most personal injury cases, such as car accidents or slip-and-fall incidents, Washington law sets a three-year statute of limitations. This means that if you are injured, you must file your lawsuit within three years of the date of the injury. The same three-year period applies to general negligence claims. Failing to act within this window usually means you lose the right to recover damages, even if your case is otherwise strong.

Contract Disputes

The time limit for contract cases depends on whether the agreement was written or oral. For written contracts, the statute of limitations is six years from the date of the breach. For oral contracts, the deadline is three years. This distinction is important for businesses and individuals alike, as the form of the agreement can determine how much time you have to enforce your rights.

Property and Real Estate Matters

Disputes involving real property often carry longer timeframes. For example, actions to recover real property, such as ejectment or quiet title, generally have a ten-year statute of limitations. However, related claims such as trespass or damage to property typically must be filed within three years. Because property disputes often involve overlapping issues, careful legal analysis is needed to determine which deadline applies.

Criminal Cases

In criminal law, statutes of limitations vary depending on the severity of the offense. Certain serious crimes, such as murder, have no statute of limitations and may be prosecuted at any time. Felonies like rape and certain sexual offenses also have extended or no limitations, depending on the circumstances. Less serious crimes, including many misdemeanors, often have shorter statutes, commonly two or three years. These rules reflect the state’s interest in punishing serious crimes while ensuring timely prosecution of lesser offenses.

Exceptions and Tolling

There are circumstances where the statute of limitations can be paused or extended. This is known as tolling. For instance, if the injured party is a minor or legally incapacitated at the time of the incident, the statute may not begin to run until the disability is removed. In cases of fraud or concealed wrongdoing, the time limit may be extended until the harm is discovered or reasonably should have been discovered. These exceptions can be complex and often require legal guidance to apply correctly.

Knowing the statute of limitations that applies to your case is essential, but the rules are not always straightforward. Different claims may overlap, exceptions may apply, and courts strictly enforce deadlines. Missing a statute of limitations can permanently end your right to seek justice or recover damages. Speaking with an attorney as soon as possible after an incident ensures your rights are preserved.

The statute of limitations is a critical part of Washington law, and it governs how long you have to act on your legal claim. Whether your case involves personal injury, a contract dispute, a property matter, or even criminal charges, the deadlines can vary widely. At the Law Office of Erin Bradley McAleer, we help clients understand their options and take timely action to protect their rights.