Detailed Answer
Short answer: Under Kansas law, most civil assault and battery claims must be filed within two years from the date of the injury or the date you discovered (or reasonably should have discovered) the injury.
This two-year limit is the general statute of limitations for personal-injury actions in Kansas. In practice, an assault claim is a type of personal-injury lawsuit (an intentional tort), so the two-year rule typically applies.
Where to find the law: Kansas statutes that govern limitation periods are collected in Chapter 60 (Limitations of Actions). For general reference to the statutes, see the Kansas Revisor of Statutes chapter on limitations of actions: https://www.ksrevisor.org/statutes/chapters/ch60/.
How the time runs
- Accrual date: The clock normally starts on the date the assault occurred and you suffered injury. If someone was injured when assaulted on June 1, the two years runs from June 1 of that year.
- Discovery rule: If the injury or the connection between the assault and the injury was not immediately discoverable, Kansas law may let the statute start when you reasonably discovered the injury and its cause. This is fact-specific and can extend the deadline in some cases.
Important exceptions and special rules
- Claims against government entities: If you plan to sue a city, county, state agency, or other public entity, special notice and timing rules apply under the Kansas Tort Claims Act or other statutes. Those rules often require you to give written notice to the governmental defendant and may impose different deadlines before you can file a lawsuit. Always check the statute that covers claims against the particular government actor.
- Minor plaintiffs: If the injured person was a minor when the assault occurred, tolling rules may delay the start of the limitation period until the minor reaches majority. The exact effect depends on the specific facts and the statute.
- Defendant absent or concealed: If the defendant intentionally concealed wrongdoing, courts may toll (pause) the limitations period until the concealment is discovered or should have been discovered.
- Criminal charges are separate: The civil statute of limitations is different from any criminal prosecution deadlines. If you are asking about criminal charges for assault, criminal statutes of limitations and prosecutorial decisions follow different rules.
Hypothetical example
Jane is shoved in a bar on January 10, 2024, and suffers a concussion. She discovers the seriousness of her concussion immediately. Under Kansas law, she generally must file a civil assault or battery lawsuit by January 10, 2026, unless a recognized exception applies (for example, if the defendant is a government actor with a separate notice requirement).
What to do next
- Preserve evidence: Keep medical records, photos, witness names, and any police reports.
- Act promptly: Even if you think you have “about two years,” speak with a Kansas personal-injury attorney as soon as possible. Attorneys will evaluate tolling rules, government-immunity issues, and whether other deadlines apply.
- If the defendant is a government entity, do not delay. Many government-claim notice rules require early written notice and have shorter timeframes for filing suit.
Useful statute resource: For the limitations chapter, see the Kansas Revisor of Statutes — Chapter 60 (Limitations of Actions): https://www.ksrevisor.org/statutes/chapters/ch60/. For claims involving government entities, consult Chapter 75 (which includes provisions related to the Kansas Tort Claims Act): https://www.ksrevisor.org/statutes/chapters/ch75/.
Disclaimer: This article explains general principles of Kansas law and is for informational purposes only. It does not constitute legal advice, and it is not a substitute for consulting an attorney about your specific situation.
Helpful Hints
- Don’t wait until the last minute—filing a few weeks early avoids missed deadlines caused by surprises.
- If a government agency is involved, ask an attorney about notice requirements immediately; government-claim procedures are strict.
- Keep detailed records of the incident, medical treatment, and communications. Those documents matter for both proving your case and establishing when you discovered the injury.
- Ask a lawyer about tolling doctrines (discovery rule, minority, fraud or concealment). These can extend deadlines but require legal argument and proof.
- When you contact a lawyer, bring dates, names, photos, medical records, police reports, and any witness contact information to speed up evaluation.