Statute of Limitations for Assault Claims in Wyoming
Detailed Answer — How long do you have to file a civil assault claim in Wyoming?
In Wyoming, most civil claims for assault (an intentional tort causing bodily injury or the reasonable fear of imminent harmful contact) are treated as personal injury actions. The general statute of limitations for actions to recover damages for injuries to the person is four years. See Wyo. Stat. § 1-3-105. For the official text of Wyoming’s statutes, see the Wyoming Legislature’s statutes page: https://wyoleg.gov/statutes/ and consult W.S. § 1-3-105 for the specific provision.
When the clock starts
The limitation period generally begins to run on the date the assault occurred (the date of the injury or the tort). That means you typically have four years from the date of the assault to file a civil lawsuit seeking damages for the injury, emotional harm, or other losses caused by the assault.
Common exceptions and special rules
- Minors: There are special tolling rules that can extend the time to file when the victim is a minor. Whether and how long the period is tolled depends on the statute and circumstances. If the victim was a child when the assault occurred, talk to an attorney promptly to confirm applicable tolling rules.
- Claims against government entities: If the alleged assailant is a government employee or you are suing a governmental entity, separate notice requirements and shorter deadlines often apply (for example, claims against the state or local government may require a pre-suit notice within a fixed period). See Wyoming’s governmental claims provisions (Title 1, Chapter 39) and confirm deadlines before filing suit.
- Sexual assault or other special categories: Some civil claims arising from sexual assault, abuse, or other specific conduct may have different limitation rules or extended windows under certain circumstances. Recent legislative changes in some states have created special exceptions—so check current Wyoming law if the assault involves sexual abuse.
- Discovery rule and latent injuries: In many intentional-assault cases, the injury is clear at the time of the event and the standard accrual date applies. If an injury or harm was not immediately discoverable, a discovery rule may apply in limited circumstances; consult an attorney to evaluate whether discovery delays toll the statute of limitations.
Criminal charges vs. civil claims
Criminal prosecution for assault is separate from a civil lawsuit for damages. Criminal statutes of limitation differ from civil limitations and vary by the severity and type of offense. Some serious crimes may have longer limitation periods or none at all. If you want both criminal prosecution and civil damages, you should report the assault to law enforcement as soon as possible and consult an attorney about civil options.
What to do right away (practical steps)
- Get medical attention and keep records of all medical care and diagnoses.
- Report the incident to law enforcement and request a copy of any incident or arrest reports.
- Preserve evidence: photographs, messages, witness names and contact information, and any physical evidence.
- Write down your recollection of events while they are fresh, including dates, times, and any witnesses.
- Contact a Wyoming civil attorney experienced in personal injury and intentional torts as soon as possible to protect your rights and confirm filing deadlines specific to your case.
How an attorney can help
An attorney will: assess which claims are viable (assault, battery, emotional-distress or other torts), determine the correct defendant(s), confirm the exact limitation period and any tolling rules that may apply, satisfy any pre-suit notice requirements (especially for government defendants), and file suit within the required timeframe if necessary.
Helpful links
- Wyoming Statutes — main site: https://wyoleg.gov/statutes/
- Wyoming Statutes (Title 1: Civil Practice) — see Chapter 3 on limitations and Chapter 39 on governmental claims: https://wyoleg.gov/statutes/
Quick answer (summary)
You generally have four years from the date of the assault to file a civil lawsuit for assault or related personal injury in Wyoming (Wyo. Stat. § 1-3-105). Exceptions and special rules can change that deadline—especially for minors, sexual-abuse claims, or suits against government bodies—so consult a Wyoming attorney promptly.
Disclaimer
This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Laws and rules change, and application of the law depends on the facts. Contact a licensed Wyoming attorney to get advice tailored to your situation.
Helpful Hints
- Act quickly — four years sounds long but evidence and witnesses can disappear.
- Document everything now: medical bills, photos of injuries, police report numbers.
- If the defendant is a government entity, check for shorter notice periods — those can be strict and brief.
- If the victim is a minor, ask an attorney about tolling rules that may extend filing time past the child’s majority.
- Keep copies of all correspondence, reports, and medical records in one folder for your attorney.
- Consider both criminal reporting and civil claims — criminal charges don’t prevent a civil suit, and a criminal conviction can be powerful evidence in a related civil case.