Minnesota — How Long to File an Assault Claim (Statute of Limitations)

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer — Filing an assault (personal-injury) claim under Minnesota law

Under Minnesota law, most civil claims based on assault (an intentional personal-injury tort) must be started within two years. The statute that lists the two-year limitation for actions for personal injuries, including assault and battery, is Minnesota Statutes § 541.05. See: https://www.revisor.mn.gov/statutes/cite/541.05.

What the two-year period means in practice:

  • The clock normally starts on the date of the assault — the date the injury, or the wrongful act, occurred.
  • If symptoms or the injury are not immediately obvious, the date the plaintiff discovered (or reasonably should have discovered) the injury can affect when the deadline runs. Courts sometimes apply a discovery rule in delayed-injury situations.
  • If you do not file the lawsuit within the applicable deadline, a defendant will typically move to dismiss the case as time-barred. Courts usually enforce statutes of limitation strictly.

Special rules and exceptions to be aware of:

  • Claims against government entities: If the alleged assault involves a city, county, state agency, school district, or other public body, different notice and shorter deadlines can apply. Minnesota’s governmental-claims rules are in chapter 466. See: https://www.revisor.mn.gov/statutes/cite/466. Follow those notice requirements precisely or you may lose the right to sue.
  • Minors and incapacity: The limitation period can be tolled (paused) for minors or people under certain disabilities. That can extend the time to file, but the rules are technical and vary by situation.
  • Fraud or concealment: If a defendant fraudulently concealed the injury or the cause, courts may allow tolling until discovery of the concealment.
  • Criminal prosecution is separate: The time to file a civil lawsuit is different from the state’s time to bring criminal assault charges. Criminal time limits and classifications follow different statutes and procedures.

Bottom line: For most private civil assault claims you should assume a two-year deadline under Minn. Stat. § 541.05. If the case involves a public entity, a minor, delayed discovery, or other special circumstances, different deadlines may apply. Because these rules are strict and exceptions are fact-specific, seek legal advice early to protect your rights.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Minnesota attorney.

Helpful Hints — Steps to protect your claim

  • Act quickly: Start preserving evidence immediately (photos, clothing, medical records, text messages, social media posts).
  • Get medical care: Seek medical treatment and keep all records and bills. Medical documentation supports injury claims and the timeline.
  • Report the incident: If appropriate, file a police report and get a copy. A police report can be helpful to both criminal and civil cases.
  • Record witnesses: Collect names and contact information for any witnesses while memories are fresh.
  • Write a timeline: Note dates, times, and details as soon as possible. A clear timeline helps your lawyer evaluate deadlines and liability.
  • Check for government involvement: If any public entity or employee is involved, contact an attorney quickly to meet special notice requirements under Minnesota’s governmental-claims statutes (see Minn. Stat. ch. 466).
  • Don’t discuss the case publicly: Avoid posting details or discussing the incident on social media. Comments may be used against you.
  • Consult a Minnesota attorney promptly: An attorney can confirm the applicable deadline for your facts, file any required notices, and preserve your right to sue.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.