This FAQ explains how long you have to file a civil assault claim under Pennsylvania law, what counts as the start of the clock, and important exceptions that can change the deadline. This information is educational only and is not legal advice. Consult a licensed Pennsylvania attorney to discuss your specific situation.
Detailed Answer — Statute of Limitations for Civil Assault in Pennsylvania
Under Pennsylvania law, most personal-injury claims — including civil assault and battery actions — must be filed within two years. The controlling statute is the two-year limitations period for actions to recover damages for injuries to the person. See 42 Pa.C.S. § 5524(2):
When the clock starts
For an assault claim, the statute of limitations generally begins to run on the date of the assault — the date the harmful or offensive contact (or the immediate threat of such contact) occurred. That is the date a reasonable person could have sued to recover for the injury.
Discovery-based exceptions
The “discovery rule” sometimes delays the start of the limitations period when an injury is inherently undiscoverable at the time it happened (for example, certain latent medical conditions caused by exposure). Typical physical injuries from an assault are discoverable immediately, so the two-year period usually starts on the assault date. If you did not and reasonably could not have known about an injury, talk to a lawyer — special rules may apply.
Common exceptions and tolling situations
Certain situations can toll (pause) or otherwise alter the running of the two-year period. Common examples include:
- Minors — special rules may delay when the limitations period starts running for a person under legal age. (Consult an attorney about how minority tolling applies to your claim.)
- Legal incapacity — if the injured person was legally incapacitated, tolling may apply.
- Fraudulent concealment — if the defendant fraudulently concealed the cause of injury or their identity, courts may toll the deadline until discovery of the concealment.
- Claims under other statutes — some actions (for example, certain governmental-immunity claims) use different filing deadlines or require a notice of claim before suit. Suits against government entities often require shorter pre-suit notice and have distinct rules.
Consequences of missing the deadline
If you file after the statute of limitations expires, the defendant can ask the court to dismiss the claim as time-barred. Courts enforce statutes of limitations strictly. Missing the deadline usually means you lose the right to recover damages.
Criminal charges are separate
Civil claims and criminal prosecution are distinct. Filing a civil lawsuit for assault is separate from reporting the crime or seeking criminal charges. Criminal statutes of limitations differ by offense and do not change the civil filing deadline.
Where to file
Civil assault claims are filed in the appropriate Pennsylvania court of common pleas (the county court). Procedural rules govern service, filing fees, and timelines. An attorney can help ensure you meet all local procedural requirements.
Relevant statute: 42 Pa.C.S. § 5524(2)
Helpful Hints
- Act quickly. Start the process as soon as you can to preserve your right to sue and avoid missing the two-year deadline.
- Document everything. Save medical records, photos of injuries, police reports, witness names and contact information, and any communications about the incident.
- Get a police report. A timely police report helps preserve evidence and supports your civil claim and any criminal complaint.
- Do not rely on memory alone. Write a contemporaneous account of the events, date-stamped if possible.
- Consult a Pennsylvania attorney early. An attorney can confirm which deadline applies, identify any exceptions, and handle filing and service properly.
- Be aware of special rules for government defendants. If the alleged assault involves a government actor or occurred on public property, different pre-suit notice requirements or limitations may apply.
- Consider both civil and criminal remedies. Civil suits seek compensation; criminal prosecutions address public safety and punishment. Pursuing one does not automatically preclude the other.
- If the injured person is a minor or incapacitated, tell your attorney right away. Special tolling rules may extend the filing window.
Disclaimer: This article provides general information about Pennsylvania law and is not legal advice. Laws change and individual circumstances vary. For advice tailored to your facts, contact a licensed Pennsylvania attorney promptly.