Disclaimer: This is educational information, not legal advice. If you have a legal problem, consult a licensed New Hampshire attorney about your specific situation.
Detailed Answer — Filing a Civil Assault Claim under New Hampshire Law
Under New Hampshire law, an assault claim brought as a civil lawsuit is treated as an action for personal injury. In most cases, you must file that lawsuit within three years of the date the injury occurred. That three-year deadline comes from New Hampshire’s statute of limitations for actions to recover damages for injuries to the person. For the text of New Hampshire’s Revised Statutes Annotated, see the New Hampshire General Court’s statutes collection: https://www.gencourt.state.nh.us/rsa/html/indexes/default.html.
Key points to understand:
- Civil vs. criminal: A civil assault lawsuit is separate from any criminal charges. Criminal cases are prosecuted by the state and follow criminal law timelines and rules. The statute of limitations for civil damages is independent of any criminal prosecution.
- When the clock starts: The limitation period normally begins on the date of the assault (the date of the harmful act or when the victim was injured). If you discover the injury later, there are limited situations where a discovery rule may apply; whether it applies depends on the facts and can affect the filing deadline.
- Who can sue: The injured person (or a guardian for an injured minor or incapacitated person) can bring a civil assault action. If a minor was injured, the statute of limitations sometimes is tolled until the minor reaches the age of majority; consult an attorney to confirm how tolling applies.
- Claims against government entities: Suing a city, town, or state agency often requires special notice steps and shorter timelines. If the defendant is a public entity, you must check the specific statute that controls claims against that entity and follow any pre-suit notice requirements.
Common exceptions and tolling rules
Several common exceptions can change the deadline:
- Minor plaintiffs: The statute may be tolled while the plaintiff is a minor. This can extend the time to file once the minor reaches adulthood.
- Incapacity or disability: If the injured person is legally incapacitated, tolling may apply.
- Fraud, concealment, or delayed discovery: If the defendant concealed the cause of injury or fraudulently prevented discovery, courts may allow the claim to be filed after the usual deadline under a discovery or equitable tolling doctrine.
- Claims against municipalities or the state: Many public-entity claims require written notice to the governmental body within a short period (often 30–90 days) and have strict filing windows that differ from the standard three-year rule.
Practical hypothetical
Hypothetical: You are shoved in a bar on June 1, 2024, and suffer bruising and a concussion. If you plan to sue the person who shoved you for assault and related injuries, you generally must file the civil lawsuit by June 1, 2027 — three years after the incident — unless a tolling rule applies (for example, if you only discovered a hidden injury later or you were a minor at the time).
What to do right away
- Seek medical care and keep medical records and bills.
- Preserve evidence: photos, clothing, surveillance video, and contact information for witnesses.
- Write down everything you remember about the event and the date.
- If the defendant is a public entity, check if you must give written notice and follow that process immediately.
- Contact a New Hampshire attorney promptly to evaluate your claim and deadlines — waiting can permanently bar your ability to sue.
Helpful Hints
- Do not assume the three-year rule always applies; exceptions (minors, incapacity, concealment, government defendants) can change the deadline.
- Document injuries and treatment from the first visit. Medical records are key evidence for both liability and damages.
- Preserve digital evidence quickly (phone photos, texts, social media posts) — platforms can remove content fast.
- If criminal charges are filed, keep your attorney informed; criminal cases may help a civil claim but do not replace it.
- If you aren’t sure whether a defendant is a private person or a public entity, ask an attorney early — notice rules for governments are strict and short.
- Get an initial consultation with a New Hampshire attorney as soon as possible to confirm deadlines and gather necessary documents.
Need help finding a lawyer? Contact your local New Hampshire bar association or use reputable lawyer referral services to find attorneys who handle personal injury and assault claims in New Hampshire.
Final reminder: This article is for general informational purposes only and does not create an attorney-client relationship. Laws change and apply differently to each situation. Talk to a licensed New Hampshire attorney to get advice tailored to your case.