When someone gets hurt or has their property damaged, they often think about filing a lawsuit. But in Washington State, you only have a certain amount of time to do that. This is called the statute of limitations, and it applies to both civil and criminal cases. If you miss the deadline, the court might not let you move forward with your case.
Below is a breakdown of how these time limits work and what they mean for different types of claims.
What Is a Statute of Limitations?
A statute of limitations is a law that sets a deadline for filing a lawsuit or criminal charges. Once the deadline passes, the court can dismiss the case—even if it’s a strong one. These laws are meant to make sure cases are filed while evidence is still fresh and witnesses can remember what happened.
Every type of case has its own time limit. Some give you a few years, while others give you more—or none at all.
Civil Case Time Limits in Washington
Washington has specific deadlines for different civil lawsuits. Most personal injury and property-related cases give you three years to file. Here’s a closer look at the time limits for common civil claims:
- Personal injury (like car accidents or slip and falls): 3 years
- Property damage (including trespassing or vandalism): 3 years
- Fraud or misrepresentation: 3 years
- Trespass to land: 3 years
- Defamation (libel or slander): 2 years
- Debt collection and rent-related claims: 6 years
- Contract claims (written or oral agreements): 6 years
- Legal or medical malpractice: 3 years
- Wrongful death: 3 years, but there may be exceptions if the harm wasn’t discovered right away
These deadlines start from the date the injury or issue happened. In some cases, the “discovery rule” may apply. This means the clock starts when you first found out—or should have found out—that you were harmed.
Criminal Case Time Limits in Washington
Criminal cases also have time limits, but they’re different from civil cases. The more serious the crime, the more time the state has to press charges. Some crimes don’t have any time limits at all.
Here’s a breakdown of the criminal statutes of limitations in Washington:
- Misdemeanors and gross misdemeanors: 1 year
- Most felonies: 3 years
- Certain crimes (like sex crimes, arson, and violent felonies): 3 to 20 years, depending on the crime
- Serious crimes with no time limit:
- Murder
- Arson resulting in death
- Homicide by abuse
- Vehicular homicide
- Hit-and-run accidents that result in death
- Rape of a minor under 16
Because of how serious these crimes are, the state can bring charges at any time, even decades later.
When the Clock Stops: Tolling and Exceptions
Sometimes the time limit to file a case can pause. This is called “tolling.” Tolling happens in certain situations, such as:
- The person who got hurt is a minor (under 18)
- The injured person has a mental disability and can’t understand the situation
- The person who caused the harm leaves the state or hides
- The harm or injury wasn’t discovered right away
In these situations, the clock might not start until the issue is discovered, the person turns 18, or the defendant returns to the state.
For example, if someone commits fraud, but you don’t find out until two years later, the three-year clock might start from the time you discovered the fraud—not when it happened.
What Is a Statute of Repose?
Washington also has something called a statute of repose, which works a little differently. It sets a hard limit on how long you can bring certain types of claims—no matter when the harm is discovered.
A good example is construction defect cases. If a home or building has a hidden defect caused by faulty construction, the law gives you 8 years from the time construction is done to file a lawsuit. Even if you don’t notice the problem until year 9, it’s usually too late to take legal action.
This law is meant to give builders, contractors, and developers peace of mind that they won’t face lawsuits forever.
Why These Deadlines Matter
It’s easy to put off legal issues, especially when life gets busy or emotions run high. But these deadlines can seriously affect your ability to get compensation or justice. Waiting too long could mean:
- Losing your chance to sue
- Letting someone who caused harm avoid responsibility
- Missing out on medical bills, lost wages, or repairs
Whether you’ve been injured in a car accident, dealing with property damage, or facing a legal issue with a contract or professional service, you should find out how much time you have. The sooner you act, the better.
Don’t Miss Your Deadline—Call Today
If you think you might have a legal case, it’s a good idea to talk to an Everett car accident lawyer right away. You don’t want to wait too long and lose the chance to hold someone accountable or get the help you need.
Call Murphy Trial Law today at (425) 835-2614. Our team can walk you through the process, figure out your timeline, and help you understand your legal rights.