Detailed answer — what the three years means and how it works

When someone brings a civil assault claim they are asking a court to award money (damages) for the harm caused by the assailant. In North Dakota, the time limit to start that lawsuit is usually set by the state’s statute of limitations for personal injuries. Under North Dakota law, most actions for injuries to the person must be begun within three years after the cause of action accrues. See N.D. Cent. Code § 28‑01‑16. For the statute text, see: N.D.C.C. Title 28, Chapter 01 (Statutes of Limitations).

When does the clock start (accrual)?

The clock typically starts on the date the assault occurred — the date the plaintiff was harmed or reasonably discovered the injury and its cause. For an obvious physical attack, accrual usually is the date of the assault. Example: if you are assaulted on January 10, 2023, you generally must file a civil lawsuit by January 10, 2026 (three years later).

Discovery rule and latent injuries

If an assault causes an injury that is not discovered right away (for example, psychological injury or a concealed injury that only becomes apparent later), North Dakota’s courts may apply a discovery rule. Under that rule, the limitations period may start when the plaintiff knows or reasonably should have known of the injury and its cause. This can extend the filing deadline in some cases, but courts apply the rule carefully. If you suspect a delayed injury, get medical documentation and legal advice quickly.

When the three‑year rule might not apply

• Claims against the government: Suits against the state or a political subdivision often have different, shorter procedures and notice requirements. For example, you may need to file an administrative claim or provide notice within a limited time before filing suit. Those administrative windows can be much shorter than three years. Consult counsel promptly if a government actor is involved.
• Minor plaintiffs: If the injured person was a minor when the assault occurred, the statute of limitations may be tolled (paused) until the minor reaches the age of majority. That can change the deadline significantly.
• Disability or incapacity: If the plaintiff was legally incapacitated (for example, lacked mental capacity) when the cause of action accrued, tolling rules may postpone the start of the limitations period.
• Intentional concealment or fraud: If the defendant hid facts that prevented discovery of the claim, courts may delay accrual under equitable doctrines in some circumstances.

What you should do now

1. Preserve evidence: photos, medical records, witness names, police reports.
2. Document dates: the date of the incident, medical visits, time you first noticed injury or symptoms.
3. Act early: because exceptions and tolling rules vary, file a claim well before the three‑year mark if possible and consult an attorney to protect your rights.

Example (hypothetical): Jane was struck on June 1, 2022. She saw a doctor the same day and reported the incident to police. If no special tolling or government-defendant rules apply, Jane must file a civil assault lawsuit by June 1, 2025. If the defendant is a city employee and the claim requires a written notice to the city within a shorter period, Jane may have to follow that separate process before filing.

Helpful Hints

• Do not rely on memory alone—write down dates and facts while they are fresh.
• Get immediate medical care and keep copies of all medical records and bills.
• Report serious assaults to police and keep a copy of any police report.
• If the defendant is a government employee or agency, contact an attorney quickly to confirm notice deadlines and procedures.
• Talk to an attorney early. Missing a filing deadline can permanently bar your claim.
• Keep communication records (texts, emails, witness statements) and save any physical evidence (clothing, photos) when safe to do so.