Vermont — Statute of Limitations for Filing a Civil Assault Claim

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Statute of Limitations for Civil Assault Claims — Vermont

Detailed answer

Short answer: Under Vermont law, a civil lawsuit for an assault (a personal-injury tort) generally must be started within three years of the date of the assault. That time limit is set by Vermont’s statute of limitations for personal-injury claims. See 12 V.S.A. § 512 for the governing rule: 12 V.S.A. § 512.

What this means in practice

  • If you were physically attacked or threatened and want money damages or a civil court order, you normally have three years from the date you were harmed to file a civil lawsuit in Vermont state court.
  • The three-year period applies to most standard personal-injury claims (assault, battery, many intentional torts, and many negligence cases involving bodily harm).

Important qualifiers and common situations

  • Discovery and delayed awareness: For most straightforward assaults, the clock starts on the date of the harmful act or injury. The so-called “discovery rule” (which delays the start of the limitations period until the plaintiff knew or should have known of the injury) is less commonly available for obvious, immediate injuries like a physical assault. If the injury or its cause was concealed and not discoverable right away, special rules may apply — discuss the facts with a lawyer promptly.
  • Minors and incapacity: If the victim was under 18 when the assault occurred, Vermont law may toll (pause) the limitations period until the minor reaches majority. That can significantly extend the time to sue. Confirm the specifics with counsel.
  • Claims against the government or municipalities: If you intend to sue a state agency, municipality, school district, or other government entity, different rules often apply. Government claims may require an administrative notice or shorter filing deadlines before a court case is allowed. You must follow those notice and timing rules exactly or you risk losing your claim.
  • Sexual assault and childhood abuse: Many jurisdictions have special statutes or exceptions for sexual assault and childhood sexual abuse that extend or modify ordinary limits. Vermont has enacted particular protections in some contexts — check with an attorney about whether special rules apply.
  • Criminal prosecution is separate: Criminal charges for assault are handled by prosecutors and have different deadlines (or none for severe crimes). Filing a civil suit does not depend on whether criminal charges are filed, and a criminal conviction is not required to bring a civil claim (though it can be relevant evidence).

Where to look in Vermont law

  • Personal-injury statute of limitations: 12 V.S.A. § 512.
  • Criminal assault definitions and penalties (for context): 13 V.S.A. § 102 (assault) and related sections in Title 13.

Because limitations rules can be affected by many fact-specific exceptions and by procedural requirements (especially for government claims or cases involving minors), consult a Vermont attorney right away if you think you might have a claim. Waiting past the deadline can permanently bar recovery.

Helpful hints

  • Act quickly. File within three years in routine cases, and contact an attorney well before that deadline.
  • Preserve evidence: medical records, photos of injuries, clothing, communication (texts, emails), witness names and contact details, and police reports.
  • Get medical documentation even if injuries seem minor. Medical records establish the date and extent of physical harm.
  • Keep a timeline. Note dates for the assault, medical visits, police reports, and any relevant conversations.
  • If the alleged assailant is a government employee or you are suing a government entity, ask immediately about notice-of-claim requirements — those can be shorter than three years.
  • If the victim was a child when the assault occurred, tell any lawyer upfront. Special tolling rules may apply and can extend your ability to sue.
  • Consider both criminal and civil paths. You can report the assault to police and still file a civil claim; each process serves different goals.
  • Consult a Vermont civil litigator early. An attorney will evaluate time bars, preserve evidence, and advise whether alternative remedies (protective orders, restitution requests) are available.

Disclaimer: This article provides general information about Vermont law and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Vermont attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.