[WA] Can I legally send a notice of intent to sue by email?

WA Legal (General)

Evan

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Yes, you can send an intent to sue or demand letter by email if you choose, and doing so can sometimes prompt settlement discussions. However, under Washington law, sending a demand letter does not stop or extend the statute of limitations. To preserve your claim, you generally must file a lawsuit in court before the applicable limitations period expires.

In Washington, statutes of limitations are governed by RCW Chapter 4.16, and the deadline depends on the type of claim involved. For example:

Written contract claims are subject to a six-year statute of limitations under RCW 4.16.040.
Oral contract claims have a three-year limitation period under RCW 4.16.080(3).
Negligence and most tort claims are also typically three years under RCW 4.16.080.
Certain statutory claims may have shorter or different limitation periods depending on the cause of action.

While a demand letter can be useful for documenting your position, showing good-faith efforts to resolve the dispute, or supporting later claims for attorney’s fees where allowed, it does not toll the statute of limitations unless a specific statute expressly provides otherwise. Washington courts consistently hold that claims must be timely commenced by filing with the court clerk to avoid dismissal.

Accordingly, if the limitations deadline is approaching, the safer course is to file the lawsuit first and then continue negotiations, rather than relying on correspondence alone. If you’re unsure which statute applies to your claim or how much time remains, reviewing the timeline with a Washington-licensed attorney can help ensure your rights are fully preserved.

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Can I email an intent to sue?

Lexi, Chatbot

I understand you’re considering sending an intent to sue via email. Have you already tried to resolve the issue with the other party directly?

I attempted to contact to no avail.

Lexi, Chatbot

Are you looking to send the intent to sue yourself, or are you seeking legal advice on how to proceed?

Myself.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your intent to sue.

The statute of limitations expires on Monday, the 4th.

Evan

Thanks for using AskaLawyer. My name is Evan, and I will be answering your question.

Evan

In Washington, statutes of limitations are governed by RCW Chapter 4.16, and the deadline depends on the type of claim involved. For example:

Written contract claims are subject to a six-year statute of limitations under RCW 4.16.040.
Oral contract claims have a three-year limitation period under RCW 4.16.080(3).
Negligence and most tort claims are also typically three years under RCW 4.16.080.
Certain statutory claims may have shorter or different limitation periods depending on the cause of action.

I am seeking damages from the Washington Department of Corrections. Where do I file?

Evan

It sounds like you would file in the federal district court where the event occurred.

Does an intent-to-sue letter stop or toll the statute of limitations?

Evan

No. It does not.
You typically must file the lawsuit itself to preserve the claim.

Can I do that in one day?

Evan

Possibly. A lawsuit can sometimes be filed in a single day.

Are you still there?

Evan

Yes.

Can you tell me the appropriate courthouse to file a lawsuit over $100,000 in King County, Washington? This is not a civil rights case. I was not an inmate, so this would be state, not federal, correct?

Evan

It sounds like a Section 1983 civil rights case.

Typically, you would file in the federal district court where the incident occurred.

Did you read my intent letter?

Here is what it may look like: Link

Evan

That form is for prisoners.

I was not a prisoner.

Evan

Understood.

I was paralyzed by an under-supervised parolee.

Evan

Understood. Please let me know if you have any additional questions I can help with.

What courthouse do I file in?

Evan

Typically, the federal district court where the incident occurred.

Even for non–civil rights cases?

Evan

If you are filing a case against a government entity, it is typically treated as a federal Section 1983 civil rights case.

Ok.

Evan

Please let me know if you have any additional questions. Good luck moving forward.

Evan

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