Detailed Answer — Filing an assault (personal-injury) claim under Minnesota law
Under Minnesota law, most civil claims based on assault (an intentional personal-injury tort) must be started within two years. The statute that lists the two-year limitation for actions for personal injuries, including assault and battery, is Minnesota Statutes § 541.05. See: https://www.revisor.mn.gov/statutes/cite/541.05.
What the two-year period means in practice:
- The clock normally starts on the date of the assault — the date the injury, or the wrongful act, occurred.
- If symptoms or the injury are not immediately obvious, the date the plaintiff discovered (or reasonably should have discovered) the injury can affect when the deadline runs. Courts sometimes apply a discovery rule in delayed-injury situations.
- If you do not file the lawsuit within the applicable deadline, a defendant will typically move to dismiss the case as time-barred. Courts usually enforce statutes of limitation strictly.
Special rules and exceptions to be aware of:
- Claims against government entities: If the alleged assault involves a city, county, state agency, school district, or other public body, different notice and shorter deadlines can apply. Minnesota’s governmental-claims rules are in chapter 466. See: https://www.revisor.mn.gov/statutes/cite/466. Follow those notice requirements precisely or you may lose the right to sue.
- Minors and incapacity: The limitation period can be tolled (paused) for minors or people under certain disabilities. That can extend the time to file, but the rules are technical and vary by situation.
- Fraud or concealment: If a defendant fraudulently concealed the injury or the cause, courts may allow tolling until discovery of the concealment.
- Criminal prosecution is separate: The time to file a civil lawsuit is different from the state’s time to bring criminal assault charges. Criminal time limits and classifications follow different statutes and procedures.
Bottom line: For most private civil assault claims you should assume a two-year deadline under Minn. Stat. § 541.05. If the case involves a public entity, a minor, delayed discovery, or other special circumstances, different deadlines may apply. Because these rules are strict and exceptions are fact-specific, seek legal advice early to protect your rights.
Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Minnesota attorney.
Helpful Hints — Steps to protect your claim
- Act quickly: Start preserving evidence immediately (photos, clothing, medical records, text messages, social media posts).
- Get medical care: Seek medical treatment and keep all records and bills. Medical documentation supports injury claims and the timeline.
- Report the incident: If appropriate, file a police report and get a copy. A police report can be helpful to both criminal and civil cases.
- Record witnesses: Collect names and contact information for any witnesses while memories are fresh.
- Write a timeline: Note dates, times, and details as soon as possible. A clear timeline helps your lawyer evaluate deadlines and liability.
- Check for government involvement: If any public entity or employee is involved, contact an attorney quickly to meet special notice requirements under Minnesota’s governmental-claims statutes (see Minn. Stat. ch. 466).
- Don’t discuss the case publicly: Avoid posting details or discussing the incident on social media. Comments may be used against you.
- Consult a Minnesota attorney promptly: An attorney can confirm the applicable deadline for your facts, file any required notices, and preserve your right to sue.