Detailed Answer
Short answer: In Massachusetts, most civil claims for assault (including assault and battery and most other personal-injury torts) must be filed within three years after the cause of action accrues. The governing statute is Massachusetts General Laws chapter 260, section 2A: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter260/Section2A
What “three years” means in practice
The statute of limitations generally starts to run on the date of the assault—i.e., when the harmful or offensive contact occurred, or when the plaintiff knew (or reasonably should have known) they were injured by the defendant’s conduct. If you wait longer than three years from that date, a Massachusetts court will likely refuse to hear your civil claim unless a specific exception applies.
Common exceptions and special situations (need careful review)
- Minors and incapacity: Tolling rules can sometimes pause the limitations period when the injured person is a minor or is legally incapacitated. That may give a minor additional time after turning 18 to file. How tolling applies depends on the precise facts and Massachusetts law, so consult an attorney promptly.
- Sexual abuse or certain abuse claims: Some sexual-abuse claims have special statutory rules or temporary windows for filing that differ from the usual three-year rule. These rules have changed over time and vary with the facts, so you should get legal advice quickly if the assault involves sexual abuse.
- Criminal versus civil cases: Criminal charges against an assailant do not extend the civil deadlines. A criminal case is separate; winning a civil claim requires filing within the civil statute of limitations.
- Discovery rule and latent injuries: If some injuries do not appear immediately, the limitations period may sometimes begin when the plaintiff discovered (or reasonably should have discovered) the injury and its cause. Whether the discovery rule applies depends on the nature of the injury and the evidence.
Practical examples
– If someone punches you on January 1, 2023, you generally must file a civil assault/battery case by January 1, 2026.
– If the injury from that assault is not obvious until months later, an attorney will evaluate whether the discovery rule delays the start of the three-year clock.
Why timing matters
Evidence fades, memories dim, and witnesses move. Filing within the statutory period preserves your right to pursue compensation, keeps leverage in settlement talks, and avoids the risk of having the case dismissed on procedural grounds.
This information is educational only and is not legal advice. For guidance about your specific situation, consult a Massachusetts-licensed attorney promptly—especially when deadlines may bar your claim.
Helpful Hints
- Note the assault date immediately and calculate three years from that date.
- Preserve evidence: photos, medical records, clothing, and any messages related to the incident.
- Write down witness names and contact information while memories are fresh.
- Report the assault to police and get a copy of the police report if you intend to pursue a civil claim.
- Obtain medical treatment right away and keep all medical bills and records—these document injury and causation.
- Contact a Massachusetts personal-injury attorney early to confirm the deadline and whether any tolling or special rules apply.
- If the injured person is a minor or has legal incapacity, mention that immediately when you contact an attorney—special filing rules may apply.
- Remember: criminal proceedings do not extend civil filing deadlines.