Detailed Answer
Short answer: Under Nebraska law, most civil claims for assault (an intentional personal-injury claim such as assault or battery) must be started within four years from the date of the incident. Criminal charges for assault follow a different timetable and depend on whether the offense is a misdemeanor or a felony.
What counts as an “assault” claim for civil purposes?
In civil law, “assault” generally refers to an intentional act that places another person in reasonable apprehension of harmful or offensive contact; “battery” refers to the actual harmful or offensive contact. A civil assault or battery claim seeks money damages for the injury, medical costs, pain and suffering, and related losses.
Time limit for civil assault claims in Nebraska
Nebraska’s rules on how long you have to file a civil lawsuit are found in the state statutes that govern limitation periods for civil actions. For most personal-injury claims—including intentional torts like assault and battery—the typical limitation period is four years from the date of the injury. See Nebraska Statutes, Chapter 25 (Statutes of Limitation) for the governing provisions: https://nebraskalegislature.gov/laws/statutes-chapters.php?chapter=25
Criminal charges and their time limits
Criminal prosecutions for assault are governed by criminal law. The period in which prosecutors may bring charges depends on the classification of the offense. Some serious offenses (certain felonies) may have no statute of limitations, while lesser offenses generally have shorter limitation periods. For rules on criminal limitation periods, see Nebraska Statutes, Chapter 29: https://nebraskalegislature.gov/laws/statutes-chapters.php?chapter=29
Important exceptions and tolling rules
The four-year rule is the typical starting point, but exceptions can lengthen or shorten the deadline:
- Minor or legally incompetent plaintiffs: The clock may be tolled (paused) while the injured person is a minor or legally incapacitated, extending the time to sue after incapacity ends.
- Fraud or concealment: If the defendant fraudulently concealed the injury or the cause of action, the limitation period may be tolled until discovery.
- Defendant out of state: If the defendant leaves Nebraska or hides to avoid service, tolling rules may apply.
Hypothetical examples
Example 1 — Civil case: You are assaulted at a bar on June 1, 2023. You have until June 1, 2027 (four years) to file a civil lawsuit for assault or battery unless an exception applies.
Example 2 — Minor injured: A 16-year-old is assaulted on June 1, 2023. The limitation period may be tolled until the victim turns 19 (or another time provided by statute) so the victim can ordinarily bring a claim after reaching majority. Exact tolling rules vary by circumstance—talk to an attorney.
Why deadlines matter
If you miss the statutory deadline (the statute of limitations), a court will usually dismiss your claim, and you will lose the right to recover damages. Courts enforce these deadlines strictly, so it is crucial to act early.
Disclaimer: This article provides general information about Nebraska law and does not constitute legal advice. It is not a substitute for consultation with a licensed Nebraska attorney who can evaluate the facts of your case and advise you about deadlines and legal strategy.
Helpful Hints
- Preserve evidence immediately: photographs, medical records, witness names, and any communications related to the incident.
- Seek medical attention and keep records of diagnosis, treatment, and bills—these documents support your claim.
- File as soon as you can: even if you think the injury is minor, start the process early to avoid missing deadlines or losing evidence.
- Get a police report if law enforcement responded. Criminal reports can be useful evidence in civil cases.
- Ask about tolling: if the injured person is a minor, incapacitated, or the defendant concealed the harm, discuss tolling with a lawyer promptly.
- Talk to a licensed Nebraska attorney: a lawyer can confirm the exact limitation period that applies to your particular claim and identify exceptions that may extend your deadline.
- Confirm legal citations: state statutes and case law can change. Use the Nebraska Legislature site for the most current statutory language: https://nebraskalegislature.gov/