The Basics of Statutes of Limitations

What is a Statute of Limitations?

A statute of limitations is a law that sets a time limit by which parties involved in a dispute must initiate legal proceedings. The timer usually begins to run on the date of an alleged offense, or if the offense is not known to the victim, then the timer may begin to run at the time the victim knows or should know that they have been harmed.

What is the purpose of a Statute of Limitations?

In criminal cases, a statute of limitations’ main purpose is to ensure the prompt prosecution of criminal charges, and to spare the accused from the burden of having to defend against charges for actions that occurred too long ago, where memories have faded or evidence may have been lost.

Similarly, in civil cases, the purpose of a statute of limitations is to ensure that facts, evidence, and memories of any relevant witnesses are as fresh as possible. Waiting too long to bring a lawsuit can often result in faded memories, conflicting testimony, lost or destroyed evidence, and other evidentiary issues.

Applicable Statutes of Limitations in Washington

Washington applies the following statutes of limitations to civil matters:

For cases involving libel and slander, the limitation period is two years.

For cases involving injury to a person, personal property, trespass, fraud, professional malpractice, or breach of an oral contract, the limitation period is three years.

For cases involving collection of rent or other debts, or breach of a written contract, the applicable limitation period is six years.

And finally, for collection of judgments, ten years. However, individuals attempting to collect on judgments may renew their judgments and be granted another ten year period in which to collect, at the discretion of the courts.

What if I miss the deadline to file my lawsuit?

More often than not, missing the statute of limitations means that you are barred from litigating a given matter. Cases filed after the statute of limitations period has expired are usually dismissed by the courts as a matter of law. However, under some circumstances, courts may allow cases to proceed even when they are filed beyond the applicable limitations period. If you have questions about your particular situation, we highly recommend that you consult with an attorney as soon as possible.