## 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,

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## 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.

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;

RCW 4.16.040 Actions limited to six years. 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).

(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;

No action subject to the claim filing requirements of this section shall be commenced against any local governmental entity, or against any local governmental entity's officers, employees, or volunteers, acting in such capacity, for damages arising out of tortious conduct until sixty calendar days have elapsed after the claim has first been presented to the agent of the governing body thereof. The applicable period of limitations within which an action must be commenced shall be tolled during the sixty calendar day period. For the purposes of the applicable period of limitations, an action commenced within five court days after the sixty calendar day period has elapsed is deemed to have been presented on the first day after the sixty calendar day period elapsed.

RCW 4.16.080 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;

RCW 4.16.100 Actions limited to two years. Within two years: (1) An action for libel, slander, assault, assault and battery, or false imprisonment. (2) An action upon a statute for a forfeiture or penalty to the state.

Any civil action for damages for injury occurring as a result of health care which is provided after June 25, 1976, against: (1) A person licensed by this state to provide health care or related services... (2) An employee or agent of a person described in subsection (1) of this section... or (3) An entity... 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.

RCW 4.16.080 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) Statute of limitation. Subject to the applicable provisions of chapter 4.16 RCW pertaining to the tolling and extension of any statute of limitation, no claim under this chapter may be brought more than three years from the time the claimant discovered or in the exercise of due diligence should have discovered the harm and its cause.

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;

(1) 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.

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.

RCW 4.16.040 Actions limited to six years. 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.

Within two years: (1) An action for libel, slander, assault, assault and battery, or false imprisonment. (2) An action upon a statute for a forfeiture or penalty to the state.

RCW 4.16.080 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;

(3) Of the eighteenth birthday of the youngest child named in the order for whom support is ordered for an action to collect past due child support that has accrued under an order entered after July 23, 1989, by any of the above-named courts or that has accrued under an administrative order as defined in RCW 74.20A.020 (6), which is issued after July 23, 1989.

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: PROVIDED, That this limitation shall not be asserted as a defense by any owner, tenant or other person in possession and control of the improvement at the time such cause of action accrues.

Any action commenced on or after May 14, 1947, to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [ 29 U.S.C. 201 et seq. ], the Walsh-Healey Act, or the Bacon-Davis Act 1 - (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;

(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;

(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.

(1) 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. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

The applicable statute of limitations for civil actions is tolled during the department's investigation of an employee's wage complaint against an employer. For the purposes of this subsection, the department's investigation begins on the date the employee files the wage complaint with the department and ends when: (a) The wage complaint is finally determined through a final and binding citation and notice of assessment or determination of compliance; or (b) the department notifies the employer and the employee in writing that the wage complaint has been otherwise resolved or that the employee has elected to terminate the department's administrative action under RCW 49.48.085.

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;

All claims or causes of action based on intentional conduct brought by any person for recovery of damages for injury suffered as a result of childhood sexual abuse that occurred before June 6, 2024, shall be commenced within the later of the following periods: (a) Within three years of the act alleged to have caused the injury or condition; (b) Within three years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by said act; or (c) Within three years of the time the victim discovered that the act caused the injury for which the claim is brought.

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).

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.

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.

If the cause of action shall accrue against any person who is a nonresident of this state, or who is a resident of this state and shall be out of the state, or concealed therein, such action may be commenced within the terms herein respectively limited after the coming, or return of such person into the state, or after the end of such concealment; and if after such cause of action shall have accrued, such person shall depart from and reside out of this state, or conceal himself or herself, the time of his or her absence or concealment shall not be deemed or taken as any part of the time limit for the commencement of such action.

Unless otherwise provided in this section, if a person entitled to bring an action mentioned in this chapter, except for a penalty or forfeiture, or against a sheriff or other officer, for an escape, be at the time the cause of action accrued either 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, such incompetency or disability as determined according to chapter 11.130 RCW, 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.

Statute of Limitations for Medical Malpractice in Washington

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