Understanding the Deadline to File an Assault Claim in Ohio

Disclaimer: This article is for general information only and is not legal advice. Consult a licensed Ohio attorney to review your specific situation.

Detailed answer — How long you have to file an assault claim under Ohio law

There are two different time limits you need to consider after an assault: the civil deadline to sue for damages (a tort claim) and the criminal deadline to have charges brought against someone. These are separate processes with different rules.

Civil claims for assault (personal injury)

If you plan to sue someone for assault to recover for physical injury, emotional harm, or related losses, Ohio generally requires you to file within two years from the date of the injury. That two-year rule is set out in Ohio’s statute of limitations for personal injury actions: Ohio Rev. Code § 2305.10. See the statute here: Ohio Rev. Code § 2305.10.

Practical example: If you were injured in an assault on April 1, 2023, you typically have until April 1, 2025 to file a civil lawsuit for that injury.

Important caveats and common exceptions:

• Tolling for minors or incapacity: The deadline can be paused (“tolled”) in some circumstances, such as when the victim is a minor or is mentally incapacitated. Different rules apply, so check with an attorney about whether tolling extends your filing window.
• Discovery rule limits: In most traditional assault cases the clock starts on the date of the assault or the date you reasonably knew you were injured. If an injury is hidden and only later discovered, limited discovery-rule exceptions may apply.
• Intentional torts vs. other claims: An assault claim is an intentional tort. Ohio generally still applies the two-year rule for bodily-injury claims, but specific facts (e.g., injury leading to death, claims against government entities) can change the deadline.
• Claims against government bodies: If you plan to sue a city, county, or state agency, you must follow strict notice-of-claim procedures and shorter deadlines. Missing those can bar your case even if the two-year limit has not passed.

Criminal prosecution for assault

Criminal time limits (statutes of limitations for prosecution) differ from civil limits. Ohio Rev. Code § 2901.13 sets the deadlines for bringing criminal charges. You can read the statute here: Ohio Rev. Code § 2901.13.

Key points about criminal time limits:

• Some serious offenses (for example, murder and certain other crimes punishable by death or life imprisonment) have no statute of limitations and can be prosecuted at any time.
• Other felonies and misdemeanors have specific time windows for prosecution under R.C. 2901.13. The applicable period depends on the crime’s classification and severity.
• Even if a criminal prosecution is not possible because the statute of limitations expired, you may still have a civil claim (subject to civil deadlines described above).

What to do right away

If you were assaulted or injured, do the following promptly:

• Seek medical care and preserve all medical records and bills.
• Report the assault to law enforcement if you wish to pursue criminal charges.
• Preserve physical evidence (clothing, photos of injuries, surveillance video) and gather witness names and contact information.
• Contact an Ohio personal injury attorney as soon as possible to assess deadlines and preserve your rights.

Helpful hints

• Do not rely on memory alone—document dates, times, and details in writing immediately.
• Keep all medical documentation. Treatment records are key to proving injury and the date of injury.
• If the assailant is associated with an employer, property owner, or institution, ask an attorney about potential additional claims against those parties.
• Ask about tolling rules if the victim was a minor, incapacitated, or the injury was discovered later.
• If the possible defendant is a government entity, start the process quickly to satisfy short notice requirements.
• Even where criminal prosecution seems unlikely, filing a civil claim can secure compensation and a legal record of the event.

If you want specific guidance for your case, an Ohio-licensed attorney can analyze your facts, determine the exact deadlines that apply, and help you take the next steps.

Reminder: This information aims to educate and is not a substitute for professional legal advice.