## How the limitation period applies

The controlling primary authority for US-WA medical malpractice SOL (RCW 4.16.350) is **RCW 4.16.350**.

> **RCW 4.16.350.** f his or her employment, including, in the event such officer, director, employee, or agent is deceased, his or her estate or personal representative; based upon alleged professional negligence shall be commenced within three years of the act or omission alleged to have caused the injury or condition, or one year of the time the patient or his or her representative discovered or reasonably should have discovered that the injury or condition was caused by said act or omission, whichever period expires later, except that in no event shall an action be commenced more than eight years after said act or omission: PROVIDED, That the time for commencement of an action is tolled upon proof of fraud,

## Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

[Open the Statute of Limitations calculator](/tools/statute-of-limitations)

## Sources

- [RCW 4.16.350 — RCW 4.16.350](https://app.leg.wa.gov/RCW/default.aspx?cite=4.16.350)

All sources are official primary law published by `app.leg.wa.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


Statute of limitations for medical malpractice in Washington — backed by real statute citations.

Statute of limitations for medical malpractice in Washington

No action subject to the claim filing requirements of this section shall be commenced against any local governmental entity ... until sixty calendar days have elapsed after the claim has first been presented to the agent of the governing body thereof.

ANO-831 deepen pass (2026-04-27): added per-claim raw_statute_text + verification blocks across all 14 prior claim_types, plus a new government_tort_claim entry. All raw_statute_text is verbatim from app.leg.wa.gov/RCW/?cite=<section>&full=true except medical_malpractice which preserves an em-dash-normalized near-verbatim of § 4.16.350. Wave-12 surgery already corrected five fabrications: (1) top-level citation incorrectly pointed at RCW 4.16.080 (3-yr tort) for the 6-yr written-contract figure; the real 6-yr written-contract authority is RCW 4.16.040(1). (2) raw_statute_text quoted a non-existent '(1)(d) Actions upon contracts' subsection. (3) sub_rules[0] was labeled RCW 4.16.100 (libel/slander/assault 2 yr) but contained fraud-discovery language that lives at § 4.16.080(4). (4) property_damage was miscited at § 4.16.080(1). (5) Top-level cite/raw_statute_text relabeled to § 4.16.040.

Except as provided in RCW 4.16.040(2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument.

An action upon a contract in writing, or liability express or implied arising out of a written agreement, except as provided for in RCW 64.04.007(2).

An action for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud.

An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated.

An action for libel, slander, assault, assault and battery, or false imprisonment.

shall be commenced within three years of the alleged negligent act or omission, or one year from when the patient discovered (or reasonably should have discovered) the injury was caused by that act or omission—whichever is longer—but in no case more than eight years after the act or omission.

An action for waste or trespass upon real property.

An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued.

The following actions shall be commenced within six years: (1) An action upon a contract in writing, or liability express or implied arising out of a written agreement, except as provided for in RCW 64.04.007(2). (2) An action upon an account receivable. For purposes of this section, an account receivable is any obligation for payment incurred in the ordinary course of the claimant's business or profession, whether arising from one or more transactions and whether or not earned by performance.

The following actions shall be commenced within three years:

No gross misdemeanor, except as provided under (e) of this subsection, may be prosecuted more than two years after its commission.

(1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.

(j) No other felony may be prosecuted more than three years after its commission; except that in a prosecution under RCW 9A.44.115, if the person who was viewed, photographed, or filmed did not realize at the time that he or she was being viewed, photographed, or filmed, the prosecution must be commenced within two years of the time the person who was viewed or in the photograph or film first learns that he or she was viewed, photographed, or filmed.

No misdemeanor may be prosecuted more than one year after its commission.

All claims or causes of action as set forth in RCW 4.16.300 shall accrue, and the applicable statute of limitation shall begin to run only during the period within six years after substantial completion of construction, or during the period within six years after the termination of the services enumerated in RCW 4.16.300, whichever is later. The phrase "substantial completion of construction" shall mean the state of completion reached when an improvement upon real property may be used or occupied for its intended use. Any cause of action which has not accrued within six years after such substantial completion of construction, or within six years after such termination of services, whichever is later, shall be barred.

Within two years: (1) An action for libel, slander, assault, assault and battery, or false imprisonment.

(a) if the cause of action accrues on or after May 14, 1947-may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued;

The following actions shall be commenced within three years:

(1) An action for waste or trespass upon real property;

(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;

(3) Except as provided in RCW 4.16.040(2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;

(4) An action for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;

(5) An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his or her official capacity and by virtue of his or her office, or by the omission of an official duty, including the nonpayment of money collected upon an execution; but this subsection shall not apply to action for an escape;

(6) An action against an officer charged with misappropriation or a failure to properly account for public funds intrusted to his or her custody; an action upon a statute for penalty or forfeiture, where an action is given to the party aggrieved, or to such party and the state, except when the statute imposing it prescribed a different limitation: PROVIDED, HOWEVER, The cause of action for such misappropriation, penalty, or forfeiture, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statutes of limitations, or the bar thereof, even though complete, shall not be deemed to accrue or to have accrued until discovery by the aggrieved party of the act or acts from which such liability has arisen or shall arise, and such liability, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statute of limitation, or the bar thereof, even though complete, shall exist and be enforceable for three years after discovery by aggrieved party of the act or acts from which such liability has arisen or shall arise.

The following actions shall be commenced within three years: (1) An action for waste or trespass upon real property; (2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated

The following actions shall be commenced within three years: (1) An action for waste or trespass upon real property; (2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;

The following actions shall be commenced within six years: (1) An action upon a contract in writing, or liability express or implied arising out of a written agreement, except as provided for in RCW 64.04.007(2). (2) An action upon an account receivable. For purposes of this section, an account receivable is any obligation for payment incurred in the ordinary course of the claimant's business or profession, whether arising from one or more transactions and whether or not earned by performance. (3) An action for the rents and profits or for the use and occupation of real estate.

(1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.

(a) The following offenses may be prosecuted at any time after their commission:

(i) Murder;

The jurisdiction in civil and criminal matters conferred on the district courts by the provisions of titles 13, 24, and 70 of the Revised Statutes for the protection of all persons in the United States in their civil rights, and for their vindication, shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where they are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offenses against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of such civil or criminal cause is held, so far as the same is not inconsistent with the Constitution and laws of the United States, shall be extended to and govern the said courts in the trial and disposition of the cause, and, if it is of a criminal nature, in the infliction of punishment on the party found guilty.

An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

The department may not investigate any alleged violation of a wage payment requirement that occurred more than three years before the date that the employee filed the wage complaint.

Actions Limited to Three Years. The following actions shall be commenced within three years: (1) An action for waste or trespass upon real property; (2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated; (3) Except as provided in RCW 4.16.040 (2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;

Within three years: (1) An action for waste or trespass upon real property; (2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated; (3) An action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument; (4) An action for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud.

An action upon an account receivable — defined as any obligation for payment incurred in the ordinary course of the claimant's business or profession — must be commenced within 6 years.

An action to enforce a mortgage or deed of trust in Washington is governed by the 6-year statute of limitations for actions on a written contract under RCW 4.16.040(1), running from the maturity date of the underlying note (or earlier acceleration). After the 6-year period expires, the right to bring a foreclosure action is barred even though the note debt may remain unpaid.

A federal civil rights claim under 42 U.S.C. § 1983 arising in Washington must be commenced within 3 years. There is no federal SOL for Section 1983; under 42 U.S.C. § 1988(a), federal courts borrow the forum state's law. The Supreme Court has held that the borrowed period is the state's general personal-injury SOL, which in Washington is RCW 4.16.080(2): 3 years for injury to the person or rights of another.

Under Wash. Rev. Code § 4.16.080(2), actions for 'any other injury to the person or rights of another not hereinafter enumerated' must be commenced within three years. This is the controlling SOL for general personal injury, negligence, premises liability, and product liability in Washington.

Under Wash. Rev. Code § 4.16.310, claims under § 4.16.300 (construction-related claims) shall accrue, and the applicable SOL begins to run, only during the 6 years after substantial completion of construction OR after termination of services, whichever is later. Any cause of action not accrued within that 6-year window is barred.

Under Wash. Rev. Code § 62A.2-725(1), an action for breach of any contract for sale must be commenced within 4 years after the cause of action accrued. Tolling rules from RCW 4.16.170-.240 apply.

Under Wash. Rev. Code § 4.16.040(2), an action upon an account receivable (any obligation for payment incurred in the ordinary course of business) must be commenced within 6 years. This covers account-stated and open-account claims. Unwritten contracts fall to § 4.16.080(3) 3-year.

Under Wash. Rev. Code § 49.48.083(1), the Department of Labor & Industries may not investigate alleged violations of wage payment requirements more than 3 years before the wage complaint was filed. Private wage suits are governed by the general 3-year SOL under RCW 4.16.080(3) (unwritten obligation) per WA case law.

Under RCW 9A.04.080(1)(j), Washington's residual limitation period for felony prosecutions is three years after commission. For a Class B or second-degree felony that is not specifically listed elsewhere in RCW 9A.04.080 with a different limitations period, the residual three-year period controls.

Under RCW 9A.04.080(1)(j), prosecution for any felony in Washington not separately enumerated in RCW 9A.04.080 must be commenced within three years after its commission. For a Class B / second-degree felony that is not specifically listed elsewhere in RCW 9A.04.080 with a different limitations period, the residual three-year rule applies. Two-year discovery sub-rule under RCW 9A.44.115 applies only to that specific voyeurism prosecution.

A Washington gross misdemeanor prosecution must be commenced within two years of the commission of the offense. RCW 9A.04.080(1)(k) creates an absolute bar to prosecution after two years, subject only to the exception in subsection (1)(e) (RCW 9A.36.170 offenses against victims under 18: 10 years or victim's 28th birthday, whichever is later). Washington does not distinguish 'class A' gross misdemeanors from other gross misdemeanors for limitations purposes — the single two-year period in RCW 9A

Under RCW 9A.04.080(1)(a)(i), murder is enumerated among the offenses that 'may be prosecuted at any time after their commission.' Washington imposes no statute of limitations on murder prosecutions. This applies to first-degree murder (RCW 9A.32.030) and second-degree murder (RCW 9A.32.050) alike, as both are listed under the umbrella term 'Murder' in subsection (1)(a)(i). The page notes a 2026 pending amendment (SB 5105-S.SL) but the currently codified text on the official publisher as of 2026

Statute of limitations for personal injury in US-WA is 3 years under RCW 4.16.080(2).

Statute of limitations for wrongful death in US-WA is 3 years under RCW 4.16.080(2).

Statute of limitations for medical malpractice in US-WA is 3 years under RCW 4.16.350.

Statute of limitations for legal malpractice in US-WA is 3 years under RCW 4.16.080(2); Hipple v. McFadden, 161 Wn. App. 550 (2011).

Statute of limitations for product liability in US-WA is 3 years under RCW 7.72.060(3); RCW 4.16.080(2).

Statute of limitations for premises liability in US-WA is 3 years under RCW 4.16.080(2).

Statute of limitations for breach written contract in US-WA is 6 years under RCW 4.16.040(1).

Statute of limitations for breach oral contract in US-WA is 3 years under RCW 4.16.080(3).

Statute of limitations for ucc sale of goods in US-WA is 4 years under Wash. Rev. Code § 62A.2-725(1).

Statute of limitations for fraud in US-WA is 3 years under RCW 4.16.080(4).

Statute of limitations for property damage in US-WA is 3 years under RCW 4.16.080(2).

Statute of limitations for trespass in US-WA is 3 years under RCW 4.16.080(1).

Statute of limitations for wage and hour overtime state in US-WA is 3 years under Wash. Rev. Code § 49.48.083(1).

Statute of limitations for construction defects in US-WA is 6 years under Wash. Rev. Code § 4.16.310.

Statute of limitations for account stated open account in US-WA is 6 years under Wash. Rev. Code § 4.16.040(2).

Statute of limitations for class a gross misdemeanor in US-WA is 2 years under RCW 9A.04.080(1)(k).

Statute of limitations for libel in US-WA is 2 years under RCW 4.16.100(1).

Statute of limitations for slander in US-WA is 2 years under RCW 4.16.100(1).

Statute of limitations for section 1983 civil rights claims in US-WA is 3 years under RCW 4.16.080(2).

Slander (spoken defamation) claims in Washington have a 2-year SOL under RCW 4.16.100(1).

RCW 4.16.100 provides a 2-year SOL for false arrest and false imprisonment claims in Washington.

Washington RCW 9A.04.080(1)(l) establishes a 1-year statute of limitations for misdemeanor prosecutions; class B misdemeanors are subject to this 1-year limitation period.

Intentional and negligent infliction of emotional distress are personal-injury torts, so they are governed by Wash. Rev. Code § 4.16.080(2), the general personal-injury limitations statute, which requires suit within 3 years.

Under RCW 4.16.040(1), an action upon a contract in writing, or a liability express or implied arising out of a written agreement, must be commenced within six years.

A premises-liability slip-and-fall claim is a personal-injury action governed by Wash. Rev. Code § 4.16.080(2), the general personal-injury limitations statute, requiring suit within 3 years.

An action on an oral (unwritten) contract is governed by RCW 4.16.080(3), which sets a 3 years limitations period for actions on oral contracts.

Washington codifies the discovery rule for fraud in Wash. Rev. Code § 4.16.080(4): a fraud action carries a 3-year limitations period, and the cause of action is not deemed to accrue until the aggrieved party discovers the facts constituting the fraud.

Washington general personal injury / negligence claims must be brought within 3 years of accrual under RCW 4.16.080(2).

If a person entitled to bring an action ... is at the time the cause of action accrued ... under the age of eighteen years, or incompetent or disabled to such a degree that he or she cannot understand the nature of the proceedings (as determined under RCW 11.130), or imprisoned on a criminal charge prior to sentencing, the time of such disability shall not be a part of the time limited for the commencement of action.

Actions limited to three years. The following actions shall be commenced within three years: (1) An action for waste or trespass upon real property; (2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated; (3) Except as provided in RCW 4.16.040 (2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument; (4) An action for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;