Detailed Answer — statute of limitations and what it covers

Wisconsin treats civil claims for personal injuries, including assault and battery, as personal injury actions. Under Wisconsin law, actions for injury to the person generally must be started within three years after the cause of action accrues. The controlling statute is Wis. Stat. § 893.54(1):
https://docs.legis.wisconsin.gov/statutes/statutes/893/54.

What that means in practice:

• Start date: The clock usually runs from the date of the assault or the date you discover you were injured because of the assault. If the injury is obvious at the time of the event, the three‑year period starts on that date.
• Types of claims covered: The three‑year limit typically applies to claims for physical injury, emotional harm tied to the assault, and battery claims that result in bodily injury. Claims that are purely for property damage or other categories are governed by their applicable statutes of limitation.
• Criminal vs. civil: Filing a civil lawsuit is separate from reporting a crime or criminal prosecution. Criminal charges are handled by prosecutors and have different rules and timelines; the civil filing deadline does not depend on whether the state brings criminal charges.

Exceptions and special situations:

• Tolling for minors or incapacity: In some circumstances (for example, if the injured person was a minor or legally incapacitated), the time to file may be paused or extended. The exact rules can vary and are fact dependent.
• Discovery rule and latent injuries: If an injury or its cause was not and could not reasonably have been discovered immediately, courts may apply a discovery rule that delays accrual until the victim knew or should have known about the injury. Whether the discovery rule applies depends on the nature of the injury and the case law facts.
• Fraud or concealment: If the defendant fraudulently concealed facts that prevented timely filing, the statute may be tolled until discovery of the concealment.
• Contractual or statutory exceptions: Certain statutes or contractual relationships can create shorter or longer deadlines for specific claims—always check the specific law that applies to your case.

Because exceptions are fact‑specific and courts interpret tolling and discovery rules on a case‑by‑case basis, you should act promptly. Waiting until close to — or after — the three‑year mark risks losing the right to sue even if the claim has merit.

Helpful Hints — what to do right away

• Preserve evidence: Save photographs, medical records, clothing, messages, witness names and contact information, and any surveillance footage or social media posts related to the incident.
• Get medical care and documentation: Seek medical attention promptly and keep records of all diagnoses, treatments, and bills. Medical records are often crucial evidence in assault cases.
• File a police report if appropriate: A police report can support your civil case but is not required to start one. Reporting preserves an official record of the event.
• Write a clear timeline: As soon as possible, document what happened in your own words, including dates, times, locations, and potential witnesses.
• Contact an attorney early: An attorney can evaluate whether the three‑year limit applies, identify tolling or exceptions, preserve key evidence, and advise whether to pursue a civil claim or other remedies.
• Don’t assume suspension by criminal proceedings: Criminal charges do not automatically pause the civil deadline. If you want a civil remedy, protect your civil statute of limitations independently.
• Act before the deadline: Even when you believe an exception might extend your deadline, start the process early—failing to file on time can permanently bar your claim.

When to talk to a lawyer

If you or a loved one suffered an assault in Wisconsin, contact a licensed Wisconsin attorney as soon as you can—especially if you are within a year or two of the incident. If the three‑year deadline has already passed, an attorney can still evaluate whether a legal exception or tolling might preserve your claim.

An attorney can:

• Determine the correct accrual date and whether tolling or the discovery rule applies;
• Collect and preserve evidence before it is lost or destroyed;
• Explain potential civil remedies (compensatory damages, possibly punitive damages in intentional torts) and the litigation process;
• Assist with parallel criminal or administrative matters if necessary.