Washington’s statute of limitations for civil claims and the loss of relief due to delay.

Just about every Washington litigator has encountered a potential client with a great case who fatally delayed filing.  Sometimes the explanation is --  “I knew I should have acted sooner”.  But more-often-than-not, at least in this author’s experience, the lay client was unaware of the specific time limitation for filing and complete loss of relief due to delay.

Washington’s statute of limitations, which is codified, imposes limitation periods on filing civil claims.  RCW 4.16.005.  The policy behind Washington’s statute of limitation is “protection of the defendant, and the courts, from litigation of stale claims where plaintiffs have slept on their rights and evidence may have been lost or witnesses' memories faded.” Douchette v. Bethel Sch. Dist. No. 403, 117 Wn.2d 805, 813, 818 P.2d 1362, 1365–66 (1991).

The length of the limitation period is also codified and varies depending on the type of civil action.  For example, intentional torts have a 2 year limitation period.  RCW 4.16.100.  Negligence actions have a 3 year limitation period.  RCW 4.16.080.  Actions to enforce verbal contracts have a 3 year limitation period (RCW 4.16.080), whereas written contracts are given a generous 6 year limitation period. RCW 4.16.040.

The general rule developed in the caselaw is that the limitation period begins to run when the action “accrues,” in other words, when the party has the right to apply to a court for relief.  Shepard v. Holmes, 185 Wn. App. 730, 739, 345 P.3d 786, 790 (2014).  Generally, if the party can plead and demonstrate all requisite elements for the claim, the action has accrued.  There are some exceptions to the accrual rule where the injured party was unaware of the claim and could not have discovered the claim through diligence (aka the “discovery rule”), but that is a topic for different post.

The take-away is – if you believe you have been injured or have some right to civil relief, do not delay.  Consult with a Washington attorney.  Consultations are usually free, including with this author, and there is no penalty for not having a case.  This author is more than happy to give a free consultation and can be contacted at jwm@tbr-law.com or 206-399-5034.