Statute of Limitations for Assault and Battery (intentional tort) in Washington

7 min read

Published April 8, 2026 • By DocketMath Team

Statute of Limitations for Assault and Battery (intentional tort) in Washington

Overview

Washington uses a 5-year statute of limitations for assault and battery claims when no claim-specific civil rule applies. In the jurisdiction data provided for Washington, the governing statute is RCW 9A.04.080, and no assault- or battery-specific civil sub-rule was found. That means the general/default period controls here.

For practical purposes, the countdown usually starts when the injury-causing event occurs, not when the plaintiff later realizes the full extent of the harm. That timing matters because missing the deadline can end the claim before it is ever heard.

A quick way to think about the claim is:

  • Assault: an intentional act that causes another person to reasonably fear imminent harmful or offensive contact.
  • Battery: intentional harmful or offensive contact itself.

Even when the facts overlap, the limitation clock is tied to the civil claim being asserted, and in Washington the relevant reference point for this page is the 5-year general period.

Note: For this Washington reference page, the key rule is the general 5-year period. No separate assault- or battery-specific civil limitations rule was identified in the provided jurisdiction data.

If you are checking dates for a potential claim, open the statute of limitations calculator to test the filing window against the event date.

Limitation period

Washington’s limitation period for assault and battery, based on the supplied jurisdiction data, is 5 years. That gives a filing window measured from the accrual date of the claim.

A useful way to apply the rule is:

ItemWashington rule for this page
Limitation period5 years
Governing citationRCW 9A.04.080
Claim-specific sub-rule found?No
Default rule applied?Yes

How the deadline is usually calculated

The calculator works best when you enter:

  • The date of the assault or battery
  • The filing date
  • Any known delay facts that may affect accrual or tolling

The output changes based on whether the filing date falls within the 5-year window. If the event happened on June 1, 2021, the standard deadline would fall on June 1, 2026, absent a tolling rule or other legal exception.

Why the exact date matters

Small date differences can decide whether a case is timely:

  • A claim filed one day late can be barred.
  • A claim filed before the anniversary date is generally within time.
  • Events near leap years do not change the 5-year period itself; they only affect how you count the calendar.

Checklist for reviewing a potential claim:

The safest workflow is to calculate the deadline first, then compare it with the planned filing date. That approach avoids relying on memory or rough estimates.

Key exceptions

Washington’s default 5-year period is the baseline, but several facts can change when the clock starts or whether it keeps running. The provided jurisdiction data says no claim-type-specific sub-rule was found, so the most important issues are tolling, accrual, and special procedural circumstances.

Common exception categories include:

Exception categoryPractical effect
TollingPauses the clock for a period of time
Delayed accrualStarts the clock later than the event date
Disability or minorityMay extend the filing window in some circumstances
Fraudulent concealmentCan delay when the claim is treated as accruing
Bankruptcy stay or court-imposed stayTemporarily suspends litigation activity

What to check before relying on the 5-year rule

Not every case is counted the same way. Review these facts:

  • Was the injured person a minor at the time?
  • Was the defendant’s identity concealed?
  • Did a separate statute or court order pause filing?
  • Did the injury occur during a period that affects accrual?
  • Was the claim filed in a court with a different procedural posture?

Warning: A limitation period can be missed even when the underlying facts are strong. The deadline question is separate from the merits question.

Practical examples

  • Immediate battery claim: contact happened on the incident date; the 5-year clock typically runs from that day.
  • Assault claim with later harm: fear or apprehension arises at the incident; the deadline still usually tracks that event.
  • Concealed identity situation: if the defendant could not reasonably be identified immediately, the accrual analysis may change.

For deadline calculations, DocketMath is most useful when you want a clean answer based on the incident date plus any tolling inputs. If you have a chain of events rather than a single date, enter the earliest legally relevant date and then test whether a later tolling event changes the result.

Statute citation

The Washington statute cited in the jurisdiction data is RCW 9A.04.080. For this page, that citation supports the general 5-year limitation period used for assault and battery reference purposes.

Here is the citation summary:

CitationUse on this page
RCW 9A.04.080General/default 5-year limitations period
Claim-specific assault/battery ruleNone identified in the provided data

How to read the citation in practice

When you are building a deadline record, keep three items together:

  1. Statute citation — RCW 9A.04.080
  2. Event date — the assault or battery date
  3. Computed deadline — event date plus 5 years

That structure makes the deadline auditable and easy to revisit if facts change. It also helps you distinguish the legal rule from the date math.

Suggested internal workflow

  • Record the incident date in the case file
  • Run the date through DocketMath
  • Save the output alongside the statute citation
  • Re-check if any tolling facts surface later

If your docketing process depends on tight time tracking, the statute of limitations tool can serve as the first-pass deadline check before manual review.

Use the calculator

DocketMath’s statute of limitations calculator helps you convert the Washington rule into a concrete filing deadline. For this jurisdiction page, the calculator should be set to the 5-year period and matched to the claim’s key date.

Inputs that matter

The result changes depending on the date information you provide:

  • Incident date: the date the assault or battery occurred
  • Filing date: the date the complaint is or will be filed
  • Tolling dates: any time period that may pause the clock
  • Claim type: assault, battery, or both, if you want a notes trail

What the output tells you

A deadline tool like DocketMath typically answers:

  • Is the filing timely?
  • What is the last day to file?
  • How many days remain?
  • Did tolling affect the deadline?

That makes it useful for both lawyers and nonlawyer staff doing intake or docket support. It also reduces the chance of miscounting an anniversary date.

Example of how the output changes

If the incident date is entered as March 15, 2020:

  • With no tolling, the deadline is typically March 15, 2025
  • If a recognized tolling period applies, the deadline may move later
  • If the filing date is March 16, 2025, the claim may be outside the 5-year window

Best practice for intake

Use this quick sequence:

  1. Enter the earliest event date that could trigger accrual
  2. Add any known tolling facts
  3. Compare the computed deadline with the planned filing date
  4. Save the calculation in the matter record

For a fast deadline check, use DocketMath here: statute of limitations calculator.

Sources and references

Start with the primary authority for Washington and confirm the effective date before relying on any output. If the rule has been amended, update the inputs and rerun the calculation.

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