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statute of limitations washington state
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Statute of Limitations in Washington State: An Overview for the Average Person
The statute of limitations refers to the timeframe you have under Washington law to file a lawsuit. If you miss the deadline, you usually lose your right to sue. So it’s important to know these deadlines if you want to take legal action down the road. I’ll summarize the key limitations periods for different types of civil and criminal cases.
Civil Statutes of Limitation
Breach of Contract
For written contracts, you typically have 6 years from the date of breach to file a lawsuit per RCW 4.16.040. So if someone fails to pay you money owed in 2024, you’d have until 2030 to sue.For oral contracts, it’s only 3 years from the breach under RCW 4.16.080.
Personal Injury
If someone injures you due to negligence or an intentional act, you normally have 3 years to sue them from the date of injury under RCW 4.16.080. Certain cases allow more time:
- Childhood sexual abuse – age 30
- Injury from health care – 8 years from act
Defamation
If someone publishes a false statement about you that harms your reputation, you have 2 years to file a defamation lawsuit per RCW 4.16.100. The clock starts running when the statement is first published.
Property Damage
For damage to personal property (like your car), it’s 3 years from the harm RCW 4.16.080. For property damage from construction defects, you get 6 years to sue from substantial completion of the construction under RCW 4.16.310.
Criminal Statutes of Limitation
For criminal cases, there are also deadlines by which prosecutors must file charges for a particular offense:
- Misdemeanors – 2 years
- Gross misdemeanors – 3 years
- Felonies (except murder) – 3 years
See RCW 9A.04.080 for details.
However, the clock doesn’t start running until the illegal act is discovered. So prosecutors have more time if offenses are uncovered late.
Tolling the Statute of Limitations
Certain events can “toll” (pause) the statute of limitations and give you more time to sue. For instance, if the defendant moves out of state, the deadline may toll under RCW 4.16.180 until they return. Minors typically have until age 18 to sue under RCW 4.16.190.
Strategies to Preserve Your Rights
- Document evidence – If you think you may want to sue in the future, gather evidence promptly like medical records, photos, witness statements, etc. Memories fade and proof can disappear over time.
- Send notice – In some cases, you must provide notice of a claim within a short period to preserve the right to sue later. For instance, you typically have just 180 days to notify a government agency of a tort claim.
- Ask an attorney – An experienced lawyer can evaluate your case and options and advise you on the applicable deadlines. They can also take care of proper notices and help you gather critical evidence.
So in summary – make sure you know the statute of limitations for your particular legal issue in Washington. Take steps to maintain proof. And if you ever suffer harm from someone else’s wrongful act, be proactive and consult an attorney right away about your rights. A lot can ride on quick action in the first few months and years. Don’t let time slip away or you could miss your chance for justice.