How long do you have to file a civil assault claim in Indiana?

Short answer: In Indiana, most civil claims for assault or related intentional personal-injury claims (often called battery or intentional torts) must be filed within two years from the date of the injury or the date you knew about the injury. This two-year deadline is the general statute of limitations for personal-injury actions in Indiana.

Detailed answer — what the law says and what it means for you

Under Indiana law, most actions to recover damages for personal injuries must be commenced within two years. See Indiana Code, Title 34, Article 11, Chapter 2 (limitations on actions). For the two-year rule on personal injury claims, see the code provision covering actions for bodily injury and personal injury. You can read the statute collection here: Indiana Code, Title 34, Article 11, Chapter 2 (Limitation of Actions). A commonly applied section for personal-injury limitations is the two-year provision for bodily injury claims.

Key points about how that two-year deadline works:

• Which claims are covered: Assault and battery claims (intentional torts that caused bodily harm) are usually treated as personal-injury claims subject to the two-year limitation.
• When the clock starts: The clock generally starts on the date of the assault — the date the injury occurred. If an injury is not immediately obvious, certain discovery rules or equitable tolling doctrines may delay when the clock begins in narrow circumstances, but those exceptions are limited and fact-specific.
• Minors and incapacity: If the victim is a minor or legally incapacitated, Indiana law may toll (pause) the limitation period until the disability ends (for example, until a minor turns 18). The exact tolling rules can be complicated; consult counsel about your specific facts.
• Claims against government entities: Claims against the state or a local government follow different procedures and shorter deadlines (and often require advance notice to the government). For example, the Indiana Tort Claims Act and related statutes set special notice and filing rules for claims against governmental units — missing those deadlines can bar a claim even if the ordinary two-year deadline would not have passed. See: Indiana Code, Title 34, Article 13, Chapter 3 (Tort Claims Against Governmental Entities).
• Criminal charges are separate: Filing a civil assault claim is different from reporting a crime or seeking criminal prosecution. Criminal statutes and their time limits (if any) are governed by the criminal code (Title 35). For information about criminal assault offenses, see: Indiana Code, Title 35, Article 42, Chapter 2 (Assault), and for prosecutorial time limits see the criminal limitations provisions: Indiana Code, Title 35, Article 41, Chapter 4 (Limitation of Prosecutions). Even if you do not pursue a civil claim, you can still report the assault to police.

Practical examples (hypothetical facts)

Example 1 — Simple assault/battery: If a person is struck on March 1, 2024 and suffers bruising and medical treatment, a civil suit generally must be filed by March 1, 2026 (two years). Waiting longer risks dismissal for being time-barred.

Example 2 — Assault of a minor: If the victim was 16 at the time of the assault, tolling rules may delay the running of the limitations period until the victim turns 18, effectively extending the filing deadline in some cases. You should confirm the exact tolling rule and any deadlines that apply.

Example 3 — Government employee: If the assault occurred while dealing with a county agency or a state-run institution, you may need to provide written notice to the governmental entity within a much shorter period (for example, 180 days for some claims) before filing suit. Missing that notice window can prevent you from filing a claim.

What to do now — step-by-step

1. Preserve evidence: Keep photos, medical records, witness names, and any communications about the incident.
2. Report the incident: If appropriate, report to local law enforcement. A police report helps document the event.
3. Seek medical care: Get medical treatment and retain records of diagnoses and bills.
4. Act promptly on legal deadlines: Because the general deadline is short (two years) and special rules can shorten or toll that period, contact an attorney as soon as possible to protect your rights.
5. Consider whether the defendant is a government entity: If so, ask about mandatory notice requirements immediately.

Helpful hints

• Start the clock conservatively: don’t wait to start gathering evidence — treat the incident as time-sensitive.
• Document everything: photos, names of witnesses, dates and times, medical bills, and communications are crucial.
• Ask about tolling: if a victim is a minor, disabled, or the injury was not immediately discoverable, ask an attorney whether tolling or the discovery rule applies.
• Government defendants need special handling: file required notices promptly — missing these rules can permanently bar your claim.
• Criminal and civil claims are different: you can pursue a civil claim for damages even if prosecutors decline to charge the other person.
• Get a consultation early: many personal-injury attorneys offer free consultations and can advise whether you have a viable assault claim and what deadlines apply.

Important disclaimer: This article is for general informational purposes only and does not provide legal advice. I am not a lawyer. Laws change and your situation may have special facts that change how the law applies. For advice about a specific case, contact a licensed Indiana attorney right away.