What are the statute of limitations and repose in Washington state that govern the cause of actions in a child abuse civil claim?

Question from Sharon, What are the statute of limitations and repose in Washington state that govern the cause of actions in a child abuse civil claim?

Answer from AI:

In Washington state, the statute of limitations and statute of repose for child abuse civil claims are designed to provide victims with a reasonable amount of time to seek justice while also ensuring that claims are made within a period where evidence and witness testimony are still reliable.

Statute of Limitations for Child Abuse Civil Claims

The statute of limitations is the time period within which a lawsuit must be filed. For child abuse civil claims in Washington state, the statute of limitations is generally more lenient to account for the unique circumstances surrounding such cases.

• Discovery Rule: Under RCW 4.16.340, the statute of limitations for child abuse claims is three years from the time the victim discovers or reasonably should have discovered the abuse and its causal relationship to the harm suffered. This is known as the “discovery rule.”
• Age of Majority: Additionally, the statute of limitations is tolled (paused) until the victim reaches the age of 18. This means that the three-year period does not begin until the victim turns 18, giving them until their 21st birthday to file a claim.

Statute of Repose for Child Abuse Civil Claims

The statute of repose sets an absolute deadline for filing a lawsuit, regardless of when the harm was discovered. In Washington state, the statute of repose for child abuse claims is generally more flexible compared to other types of claims.

• No Specific Statute of Repose: Washington state does not have a specific statute of repose for child abuse civil claims. This means that the primary limitation is the statute of limitations discussed above, which is based on the discovery rule and the age of majority.

Important Considerations

While the laws in Washington state provide some flexibility for victims of child abuse to file civil claims, there are important considerations to keep in mind:

1. Evidence Preservation: Even though the statute of limitations may allow for a longer period to file a claim, it is crucial to preserve evidence and gather witness testimony as soon as possible to strengthen the case.
2. Legal Advice: Given the complexities of these cases, it is highly recommended to consult with a legal professional who specializes in child abuse claims. They can provide personalized advice and help navigate the legal process.
3. Resources: Victims and their families can seek assistance from organizations that provide support and resources for survivors of child abuse. These organizations can offer guidance and connect individuals with legal professionals.

Consulting a Legal Professional

Due to the sensitive and complex nature of child abuse civil claims, it is essential to seek legal advice from a qualified attorney. They can provide guidance on the specific circumstances of the case and ensure that all legal requirements are met.

For more detailed information, you can refer to the [Revised Code of Washington (RCW) 4.16.340](https://app.leg.wa.gov/rcw/default.aspx?cite=4.16.340) and other relevant statutes.

Remember, this information is intended to provide a general understanding of the laws in Washington state. For personalized legal advice, always consult with a legal professional.