Detailed Answer — Michigan civil assault claims and filing deadlines
In Michigan, a civil claim for assault (an intentional tort seeking money damages for the threat or attempt of harmful or offensive contact) is generally governed by the state’s statute of limitations for personal-injury claims. The standard deadline to file a lawsuit for an injury to the person is three years from the date of the incident. See Michigan Compiled Laws (MCL) 600.5805(10): https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-600-5805.
What “three years” means in practice
If you were assaulted on a certain date, you usually must file a civil lawsuit in Michigan circuit court within three years after that date. If you miss that deadline, a court will likely dismiss your case as time-barred and you will lose the right to recover damages in most circumstances.
Common exceptions and special rules to watch for
- Claims against government entities: If the defendant is a state or local government (for example, a city, county, or state agency), you must follow the Governmental Tort Liability Act’s notice rules. Those rules require you to file a written notice of your claim with the governmental entity within a shorter period (often within a few months of the incident) before you can sue. See MCL 691.1404: https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-691-1404. Failure to provide timely notice can bar your claim even if the three‑year period has not yet run.
- Minor (child) plaintiffs: Michigan law may toll (pause) the running of the statute of limitations for minors in some cases. If the injured person is under 18, the limitation period may not begin to run until they reach majority. See MCL 600.5851 for tolling rules: https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-600-5851.
- Discovery issues: Unlike some latent-injury cases, assault is usually apparent on the date it occurs, so the “discovery rule” typically does not extend the filing deadline. However, unique factual circumstances can affect timing, so evaluate promptly.
- Criminal charges are separate: A civil assault claim differs from criminal prosecution. Criminal statutes of limitations (how long prosecutors have to bring charges) follow different rules and do not change your civil deadline.
If the assault caused serious or long-term harm
Serious injuries can increase the value and complexity of a civil case. Even if you plan to pursue long-term damages (future medical costs, lost earning capacity, or pain and suffering), the three-year filing deadline still applies in most ordinary assault/tort cases. Preserve records of medical treatment, bills, lost wages, and other evidence right away.
Practical steps to protect your rights
- Document the incident immediately: write down what happened, dates, times, locations, and witness names.
- Seek medical care and keep all medical records and bills.
- Report the assault to police if appropriate and keep a copy of the police report.
- Preserve physical evidence: photos of injuries, torn clothing, or damaged property.
- If the defendant is a government entity, serve the required written notice within the statutory time frame (see MCL 691.1404).
- Contact an attorney as soon as possible—damages, facts, and procedural rules can be time-sensitive.
Helpful Hints
- Don’t assume “more time” if you are dealing with a government defendant — notice rules can be much shorter than three years.
- Even when the law gives three years, start sooner: evidence and witness memories fade.
- If the person harmed is a child, get legal advice quickly about tolling and when the clock will run.
- Keep a single file with all records: medical reports, photos, police reports, witness contact info, and bills.
- Record dates of any contact with insurers, doctors, or the other party; those dates can matter for the statute of limitations and settlement talks.
- Consult a Michigan civil attorney early to confirm deadlines that apply to your exact facts and to prepare any required notices in time.
Disclaimer: This article explains general Michigan civil-law principles and common procedural rules. It is educational only and is not legal advice. For advice about a specific case, contact a licensed Michigan attorney promptly.