Detailed Answer
This FAQ explains how long you have to file a civil assault claim under Tennessee law, plus a brief note about criminal charges. This is general information only and not legal advice.
What is a civil “assault” claim?
In civil law an assault claim is a personal-injury lawsuit based on an intentional act that caused you to reasonably fear imminent harmful or offensive contact. A separate claim for battery may cover the actual physical contact and injury. Civil claims are how a victim asks a court for money damages or other relief from the person who harmed them.
How long do I have to sue (statute of limitations)?
Under Tennessee law, most civil actions for assault or battery must be started within one year from the date of the assault. See Tenn. Code Ann. § 28-3-104 for the statute that lists actions (including assault and battery) generally limited to one year: Tenn. Code Ann. § 28-3-104.
Practical example: if an assault occurred on June 1, 2024, you generally must file a civil lawsuit by June 1, 2025, or the court will likely dismiss the case as time-barred.
Criminal charges are different
Civil time limits do not control criminal prosecution. The state decides whether to bring criminal charges. Tennessee sets criminal statutes of limitation in Title 40, Chapter 2. Time limits depend on the crime’s severity. Some serious crimes (such as homicide) have no time limit, while many felonies and misdemeanors have longer or shorter limits. See Tenn. Code Ann. § 40-2-101 and related sections for details: Tenn. Code Ann. § 40-2-101.
Common exceptions and special rules
- Minor plaintiffs: Tennessee law may extend or delay the limitation period when the injured person was a minor when the harm occurred. You should check the statute or talk to a lawyer promptly.
- Fraud or concealment: If the defendant fraudulently concealed the cause of action, the clock might be tolled until discovery in some cases.
- Defendant out of state / military service: If the defendant is absent or serving in the military, tolling rules may apply.
- Sexual abuse and certain forcible offenses: Tennessee has enacted special rules or extended windows for some sexual-abuse claims; those exceptions are complex and fact-specific.
Why the statute of limitations matters
Courts enforce limitation periods strictly. If you wait too long, you usually lose the right to have your case heard, even if the claim has merit. Evidence, witnesses, and memories fade over time, so acting quickly protects your ability to win.
What you should do now
- Preserve evidence: save photos, medical records, texts, and names of witnesses.
- File a police report if appropriate; criminal investigations do not stop you from bringing a civil claim.
- Talk to a Tennessee personal-injury attorney as soon as possible—ideally well before the one-year deadline.
- If you cannot afford a lawyer, contact local legal aid or a bar association for referral resources.
Where to read the law
Primary Tennessee statute on time limits for civil claims like assault: Tenn. Code Ann. § 28-3-104. For criminal statutes of limitation, see the provisions in Title 40, Chapter 2: Tenn. Code Ann. § 40-2-101 and related sections.
Disclaimer: I am not a lawyer and this is not legal advice. This article provides general information only. For advice about your situation, contact a licensed Tennessee attorney promptly.
Helpful Hints
- Do not assume time limits are the same for all claims—assault, battery, medical malpractice, and property claims can have different deadlines.
- Start the process early: consult an attorney as soon as possible—waiting months can be risky.
- Get medical care and keep records; treatment records are strong evidence in personal-injury claims.
- If the assault involved sexual abuse, a minor, or hiding of the abuse, mention that to the lawyer right away—there may be extended deadlines or special rules.
- Contact the Tennessee Bar Association or local legal aid if you need help finding affordable counsel.