Short Answer
Under New York law, a civil claim for assault (an intentional tort that causes personal injury or apprehension of harm) is generally subject to a three-year statute of limitations. That means you usually must start a lawsuit within three years of the date the assault occurred. The controlling statute is New York Civil Practice Law & Rules (CPLR) § 214. See the statute: CPLR § 214.
Detailed Answer — Civil Assault Claims in New York
In New York, most personal injury actions — including assault and related intentional torts such as battery — fall under the three-year limitations period found in CPLR § 214. The clock normally starts to run on the date the wrongful act occurred (the date of the assault), because the injury and the cause of action typically are immediately apparent.
Example (hypothetical): If a person is assaulted on March 1, 2023, the general deadline to file a civil lawsuit for damages arising from that assault would be March 1, 2026. If you try to file after that date, a defendant can move to dismiss your case as time-barred unless an exception applies.
Common exceptions and tolling rules
- Minority or legal incapacity: New York law provides tolling in some circumstances when the injured person is a minor or is legally incapacitated. Such tolling can pause the statute of limitations while the disability exists. See CPLR § 208: CPLR § 208.
- Fraud or concealment: If a defendant fraudulently concealed the facts giving rise to the claim, courts may apply equitable tolling in limited circumstances so the limitations period does not run while the plaintiff could not reasonably discover the claim.
- Discovery rule (limited application): Unlike some other causes of action, assault claims usually accrue when the assault occurs because the injury and cause are immediate. If an injury from the assault is latent or not discoverable until later, very narrow discovery-rule principles may apply. These situations are fact-specific and require legal analysis.
- Special categories (e.g., sexual abuse): Certain sexual-abuse claims have received special legislative treatment in New York, sometimes creating extended filing windows or different accrual rules. Those laws are complex and have changed over time; consult a lawyer promptly if your claim involves sexual abuse.
Criminal charges vs. civil claims
Criminal statutes of limitations differ from civil deadlines and depend on the severity of the crime. Filing (or failing to file) a civil lawsuit does not affect whether prosecutors can bring criminal charges. If you want criminal action, contact local law enforcement or the district attorney. For information about criminal statutes of limitations, consult a criminal-law attorney or the relevant criminal procedure provisions.
Practical steps and evidence preservation
- Seek medical attention immediately and keep medical records and bills.
- Preserve photographs, security footage, clothing, and any physical evidence.
- Write down witness names and contact information and record what you remember as soon as possible.
- Report the incident to law enforcement if appropriate and get a copy of any police report.
- Contact a civil attorney early — even if you do not file right away — so they can evaluate tolling issues and preserve your rights.
What to do now
Do not wait until the last day to contact an attorney. Evidence can be lost and witnesses’ memories fade. An attorney can confirm the exact filing deadline for your situation, identify any tolling exceptions that may apply, and help you preserve evidence and prepare a timely claim.
Helpful Hints
- Keep a dated file of all documents, photos, messages, and medical records relating to the assault.
- If you are a minor or incapacitated, tell any attorney you contact about your status immediately so they can evaluate tolling.
- If the assault involved sexual abuse, mention that up front; special statutory windows may apply and require prompt attention.
- Even if criminal charges are pending, you can still bring a civil claim — civil courts and criminal courts operate on different timelines and standards of proof.
- Ask about costs and fee arrangements early. Many personal-injury attorneys offer free consultations and work on contingency (they get paid only if you recover).
Disclaimer: This article explains general principles of New York law and is for educational purposes only. It is not legal advice, does not create an attorney-client relationship, and may not reflect recent changes or the specific facts of your situation. For advice about your case, contact a licensed New York attorney promptly.