Detailed Answer
For most civil claims based on assault or other personal injuries in Texas, you generally have two years from the date the cause of action accrues to file a lawsuit. That two-year deadline is the statute of limitations for personal-injury actions under Texas law. See Tex. Civ. Prac. & Rem. Code § 16.003.
How this works in practice:
- What counts as an assault claim: A civil assault (and related intentional torts such as battery or false imprisonment) is typically treated as a personal-injury claim when you sue to recover for physical harms, emotional harms, or the apprehension of harm. The two-year limitation usually applies.
- When the clock starts (accrual): A cause of action “accrues” when the plaintiff has the right to bring suit — normally the date the assault occurred or the date the plaintiff discovered (or reasonably should have discovered) the injury. In routine assault cases the accrual date is the date of the incident.
- Discovery and latent injuries: If physical or psychological effects show up later, limited “discovery rule” principles can delay accrual in narrow situations where the injury was not and could not reasonably have been discovered earlier. Whether the discovery rule applies depends on the facts and Texas case law.
Important exceptions and special rules
- Claims against governmental entities: If the alleged assault involves a city, county, school district, or other governmental unit (or its employees acting in certain official capacities), you may first have to present a written notice of claim to the entity within a much shorter period—commonly six months—under the Texas Tort Claims Act. See Tex. Civ. Prac. & Rem. Code § 101.101. Missing that notice deadline can bar a suit even if the two-year court filing deadline has not passed.
- Minors and disabilities: Texas law contains tolling rules that may extend or delay the running of the limitations period for persons under legal disability (for example, minors). Whether tolling applies depends on the nature of the disability and the specific facts.
- Sexual assault and child abuse: Some sexual-assault and child-abuse claims have special statute-of-limitations rules or legislative changes that can extend the period to file. These areas are fact-sensitive and have changed over time.
Criminal charges vs. civil claims
Criminal prosecution for assault is separate from a civil claim for damages. Criminal statutes of limitation (if any) and the policies that govern prosecution differ from civil deadlines. If you are asking about filing criminal charges, contact law enforcement or a prosecutor’s office; do not rely on civil filing deadlines for criminal matters.
Practical takeaway: For a typical adult victim of an assault in Texas, plan to file a civil lawsuit within two years of the incident unless a recognized exception applies. If a government actor is involved, begin the claim notice process much sooner (often within six months).
Helpful Hints
- Start gathering and preserving evidence immediately: photos, medical records, police reports, witness names and contact details, and any messages or video related to the incident.
- Document dates and symptoms: Create a written timeline of the incident, subsequent medical visits, therapy, and any ongoing symptoms. These dates help determine when the limitations period began.
- If a government actor is involved, do not delay presenting a formal notice of claim. The statutory notice period can be far shorter than the general two-year deadline.
- If you are a minor or there are special circumstances (e.g., latent injury, sexual abuse, disability), ask an attorney promptly about tolling and exceptions—those rules can extend or pause the deadline but often involve strict conditions.
- Act promptly even when you believe you have time. Evidence degrades, witnesses move, and legal windows can close unexpectedly. Early consultation preserves your options.
- This article focuses on civil claims for damages. If you wonder about criminal charges, contact local law enforcement or a prosecutor—criminal time limits and procedures differ.
Example (Hypothetical)
Hypothetical: Jordan is physically assaulted on March 1, 2024, and sustains visible injuries that require treatment that day. Under normal rules Jordan’s civil deadline to file a lawsuit in Texas will be March 1, 2026 (two years after the incident). If the alleged assailant is a city employee acting within official duties, Jordan must also follow the city’s notice-of-claim procedure (often within six months) before filing suit.
Next Steps
Because statutes of limitations and exceptions can turn on small factual differences, consult a Texas-licensed attorney as soon as possible to confirm deadlines and preserve your rights. If you need help finding an attorney, contact your local bar association referral service.
Disclaimer: This information is educational only and does not constitute legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed attorney in Texas.