Detailed Answer
There are two different things people mean when they say an “assault claim”: a criminal charge brought by the state, and a civil lawsuit seeking money or other relief from the person who assaulted you. The deadlines and rules for each are different. This article explains the civil side under Missouri law and gives plain-language guidance for what to do next.
Civil assault (a personal-injury lawsuit) — the usual deadline
Most civil claims for assault, battery, or other intentional personal injuries in Missouri must be filed within five years after the injury. That five-year rule comes from Missouri’s statute of limitations for actions for damage to the person or character. See Missouri Revised Statutes section 516.120 for the text of the statute: https://revisor.mo.gov/main/OneSection.aspx?section=516.120
How the time limit starts (when the clock begins)
- The clock usually starts on the date the assault happened or the date you suffered the injury.
- If you discover a latent injury later, courts may apply a discovery rule in some narrow situations, but for most physical assaults the date of the event is the accrual date.
Common exceptions and tolling that can extend the deadline
Some situations pause or change the deadline. Examples include:
- Minors and certain disabilities: Missouri law can toll (pause) the limitations period for legally incapacitated persons and sometimes for minors. The details matter and depend on the circumstances.
- Fraud or concealment: If the defendant fraudulently concealed facts that prevented you from discovering the claim, courts may toll the deadline until the concealment ends.
- Claims against government entities: Suing a state or local government typically requires special pre-suit notices and strict timing rules that differ from the 5-year rule. If the defendant is a government entity or employee, you must check the Missouri Tort Claims Act and related statutes for notice deadlines and shorter filing windows.
Criminal charges are separate
Criminal prosecution for assault is brought by the state, not by a private person. The timeline and rules for criminal charges differ from civil deadlines. If you want the state to pursue charges, contact local law enforcement or the prosecutor. Civil and criminal cases can proceed concurrently, but they are separate processes.
Practical examples (hypothetical)
- If someone shoved you on June 1, 2022, you generally must file a civil assault lawsuit by June 1, 2027, unless an exception applies.
- If the injured person was a child at the time, the limitations period may be tolled until the child reaches majority; you should consult an attorney promptly to confirm applicable deadlines.
What you should do now
- Preserve evidence: save medical records, photos, correspondence, and witness contact information.
- Report the incident to law enforcement if appropriate.
- Talk to a Missouri personal-injury attorney well before five years have passed. An attorney can confirm the deadline in your specific situation and identify any exceptions or special notice requirements.
Helpful Hints
- Don’t assume the five-year rule never changes. Facts like the victim’s age, the identity of the defendant (private person vs. government), and concealed injuries can alter the deadline.
- If a government actor is involved, begin pre-suit notice steps immediately. Missing notice deadlines can end your right to sue.
- Keep a timeline of events and a file of documents and receipts. Courts and insurers rely heavily on contemporaneous records.
- Contact an attorney early. Even if you plan to wait, an attorney can preserve key claims and evidence and advise about tolling or other exceptions.
- Remember that criminal and civil paths are separate. Filing a civil suit does not stop criminal prosecution, and criminal charges do not automatically create a civil claim.
Disclaimer: This is general information about Missouri law and is not legal advice. Laws change and every case is different. For advice about your specific situation, consult a licensed Missouri attorney.