Statute of Limitations for Assault Claims in Washington

Quick answer: For a civil assault claim (an intentional personal-injury lawsuit) in Washington, you generally have three years from the date the injury occurred to file a lawsuit. That time limit is set by Washington’s statute of limitations for actions for injuries to the person. If you are claiming against a government entity, different deadlines and notice requirements apply.

Detailed answer — what the three-year rule means

Under Washington law, most personal-injury suits — including civil actions for assault and battery — must be filed within three years. See RCW 4.16.080: “Actions for injuries to the person… shall be commenced within three years.” You can read the statute here: RCW 4.16.080.

This means the clock usually starts on the date the assault occurred (the date of the injury). If you miss the three-year deadline, the defendant can ask the court to dismiss the case as time-barred. Courts strictly enforce these deadlines, so acting promptly is important.

Key distinctions: civil claim versus criminal charge

• Civil assault claim: A private lawsuit seeking money damages (medical costs, pain and suffering, lost wages, etc.). The general statute of limitations is three years under RCW 4.16.080.
• Criminal assault charge: A prosecutor files criminal charges. Criminal statutes of limitations differ by the crime’s seriousness and are governed by criminal law rules. Filing criminal charges is separate from, and does not extend or replace, your deadline to file a civil suit.

Claims against government entities

If the person who harmed you was a state or local government employee acting within the scope of their duties, different rules apply. Washington requires a claimant to provide notice to the government entity (and there are strict time limits). See the government tort claims chapter: RCW 4.96.020 and related provisions in chapter 4.96 RCW. Failure to provide required notice or to follow administrative claim rules can bar your right to sue.

Common exceptions and tolling rules

Several exceptions can change the three-year period or pause (toll) it. Examples include:

• Minor plaintiffs: The limitations period may be tolled while the injured person is a minor so that the three-year clock runs after reaching the age of majority in certain circumstances.
• Discovery rule: If an injury is not discoverable right away (rare for obvious assaults but possible for some related injuries), the date of discovery can sometimes affect the start of the limitations period.
• Defendant absent from state or concealed: In limited circumstances, the clock may be tolled if the defendant cannot be served or purposefully concealed the cause of action.

Because tolling rules and exceptions are fact-specific and can affect whether a claim is timely, consult an attorney promptly if you think an exception might apply.

Practical examples

Example 1: A person is assaulted on March 1, 2023. For a civil lawsuit, the plaintiff generally must file no later than March 1, 2026.

Example 2: A person is assaulted by a city employee. The victim must both comply with the administrative notice requirements in the government tort claims statutes and also be mindful of the three-year filing deadline for a lawsuit if an administrative claim is denied or unresolved.

What you should do now

1. Preserve evidence: Save photos, medical records, police reports, witness names, and any messages related to the incident.
2. Seek medical care: Get treatment and keep records. Medical documentation supports both health and legal claims.
3. Report to police if appropriate: Criminal investigation can run separately from a civil case.
4. Contact a civil attorney early: A lawyer can confirm the exact deadline in your situation, handle government notice rules if needed, and protect your rights before the statute runs.

Helpful Hints

• Do not assume a criminal case preserves your civil deadline — it usually does not.
• If the injury was caused by a government employee, investigate and comply with notice rules immediately; timelines for notice can be short and strict. See RCW 4.96.020.
• Act early. Missing a statute of limitations generally ends your right to recover in court.
• Write down the events and secure witness contact information while memories are fresh.
• When in doubt, consult a Washington civil attorney to confirm deadlines and any possible tolling rules that might apply.

Disclaimer: This information is educational only and is not legal advice. It does not create an attorney-client relationship. Laws change and each case has unique facts. Consult a licensed Washington attorney to get advice tailored to your situation.