Detailed answer — the basic rule and what it means

Under Louisiana law, most tort claims based on intentional wrongdoing (including assault and battery) are “delictual actions.” Delictual actions are generally subject to a liberative prescription (statute of limitations) of one year. This one-year period starts to run from the day the injury or damage is sustained.

Legal source: La. Civ. Code art. 3492 sets the one-year prescriptive period for delictual actions. For the official text, see the Louisiana Legislature’s site: La. Civ. Code art. 3492.

What that looks like in practice

– If you are physically harmed in an intentional assault, you generally must file a civil lawsuit within one year of the date you were injured.

– If you wait longer than one year, a court will likely dismiss your lawsuit as prescribed (time-barred), and you will usually lose the right to recover damages.

Exceptions, tolling, and special rules (overview)

The one-year rule is the baseline, but several circumstances can pause, delay, or change when prescription begins or whether it is suspended. Common issues to check with an attorney include:

• Discovery vs. occurrence: In many physical-injury cases, prescription runs from the date the injury was sustained. However, some latent injuries or concealed harms can raise discovery issues under legal doctrines such as contra non valentem, which may delay prescription in limited circumstances.
• Minor plaintiffs: If the injured person is a minor, special rules may apply that affect when prescription runs or whether it is suspended until majority. An attorney can determine how those rules apply.
• Incapacity or mental incompetence: If the victim lacks legal capacity, prescription can be suspended until capacity is restored in some cases.
• Wrongful death claims and survival actions: Claims tied to a death can have different timing rules depending on whether you pursue a wrongful death suit or a survival action; both have particular prescriptive rules.
• Interruption or acknowledgment: Certain acts—like filing a proper lawsuit, service of process, or an acknowledgment in writing—can interrupt or interrupt/toll prescription under Louisiana law. The exact requirements are technical.

Criminal charges vs. civil claims

Criminal prosecution for assault is separate and follows criminal statutes and timelines determined by prosecutors, not by the civil prescriptive period. Pursuing criminal charges does not automatically preserve your civil claim unless specific tolling rules or interruptions apply; you should consult an attorney before relying on that assumption.

Hypothetical example

Suppose you were assaulted and injured on a Thursday. Under the typical rule, you would generally need to file a civil lawsuit within one year from that Thursday. If you miss that deadline, the defendant can ask a court to dismiss the case as prescribed.

Bottom line

For most assault-related civil claims in Louisiana, you have one year from the date of injury to file suit (La. Civ. Code art. 3492). Do not assume exceptions apply; consult an attorney promptly to protect your rights.

Helpful hints — steps to protect a potential claim

• Act quickly. File a claim or talk to an attorney well before one year elapses.
• Report the incident. File a police report and keep a copy. Criminal reports can provide important evidence.
• Seek medical care immediately. Medical records document injuries and the time they were sustained.
• Preserve evidence. Save photos, clothing, messages, and witness contact information.
• Write down everything. Record what happened, where, who was present, and any follow-up injuries or treatment.
• Notify your insurer if applicable. Some policies require prompt notice of incidents.
• Ask about tolling or special rules if you are a minor or were incapacitated. These situations can affect deadlines.
• Don’t rely on criminal cases to preserve civil rights. Criminal proceedings are separate; get civil advice early.
• Consult a Louisiana attorney. A lawyer can calculate deadlines precisely, identify any exceptions or tolling, and help you preserve your claim.