Statute of Limitations for Assault and Battery Claims

Get Expert Legal Help For Your Assault & Battery Case in Los Angeles 

After suffering assault and battery, it can be difficult to figure out how to proceed. It is essential that you act with urgency.

Our lawyers here at the Gutierrez Law Firm are ready to evaluate and help you file your claim as quickly as possible. For more information about the total length of time that you have to file your assault and battery claim, do not hesitate to contact our experienced attorneys as soon as possible.

What Deadline Applies to My Claim?
If the Statute of Limitations has passed before a lawsuit is filed, then your rightful claim is barred permanently. It is vital to seek attorney representation as soon as possible before any statutory deadlines eliminate your right to recovery.

Two (2) Years to File an Assault & Battery Injury Civil Case
Under California Code of Civil Procedure section 335.1 an individual (plaintiff) has two years from the date of the intentional act, “An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”

What does this mean? If you were harmed after an assault and battery incident in California, your assault and battery claim will be subject to a two-year statute of limitations; therefore, you will have two years to file your lawsuit. Typically, this is the statute of limitations that applies to assault and battery claims given that the there was no city or government agency involved in the incident.

Six (6) Months to File a Lawsuit Against Government Agencies 
Victims of violent crimes at the hands of government agencies including police officers have six months (180 days) from the date of the act to file a claim, specifically an administrative claim, with the agency.

What does this mean?  After filing the initial administrative claim, the government agency will have 45 days to respond to the claim. Given that the agency responds within this time and denies your claim, you will have an additional six months to file your lawsuit in court (from the date that you receive the denial). If the agency fails to respond, you will have two years (from the date of the incident) to file your lawsuit.

Without a doubt, the deadlines that apply to government claims are among the most complicated; therefore, we recommend that you seek legal assistance as soon as possible. Our lawyers are experts on government claims and can help you file your lawsuit within the applicable deadlines.

Exceptions to the Statute of Limitations
In certain instances California courts will toll a statute (halt the statutory deadline for a period of time). Some common situations where the court will permit a tolling of the statutory period includes.

• Mental Incapacitation following the injury
• The injured party is a minor – the statute of limitations will be tolled and will not begin to run until the victims 18th birthday
• Physical Incapacitation following the injury
• The injury did not manifest itself until a later time after the act of abuse, battery, or assault took place – under these circumstances the statute of limitations will run from the date where the injured party knew or should have known of the injury

It is important to highlight that these exceptions to the statute of limitations do not get rid of the deadline to sue entirely, but rather just pauses or tolls it for some time. These exceptions are strictly based on the details surrounding the specific incident; therefore, you should never assume that your claim is subject to exceptions to the statute of limitations. You should seek legal help from an assault and battery attorney as soon as possible to ensure that you meet the time that you have to sue.

Assault & Battery Examples & Possible Statute of Limitations
Unfortunately, assault and battery incidents are very common, and can often occur at the hands of security guards in businesses, stores, bars, and nightclub. In these cases, victims and their families could pursue claims against the property owner and even the security guard company (if the guard was hired through a third-party company).

In these situations, injured victims and their families will have grounds to file government administrative claims for the harm resulting from the incident as public schools, city buses, etc. are parts of city agencies (whether it’s a school district or transportation agency).

Similarly, assault and battery incidents involving police officers also leave victims with grounds to pursue government claims. These incidents would all be subject to the six-month deadline for government claim that was discussed in the previous sections.

If you or a loved one suffered harm after an assault and battery incident and you are unsure of the deadline that applies to your claim, it is essential that you seek legal assistance as soon as possible – our assault and battery lawyers are ready to help you file your claim on time.

What Types of Compensation Are Available?
Victims of personal injury caused by the negligent or intentional acts of others are entitled to compensation for all their losses including,

• All medical expenses and future medical and rehabilitation costs
• Pain and suffering including emotional trauma, depression and post traumatic stress (PTSD)
• Loss of income and future loss of earnings
• Wrongful death benefits
• Punitive damages
• Legal fees

Top-Rated Assault & Battery Attorneys in Los Angeles

If you or someone you know is a victim of assault and/or battery, you should seek legal help from an experienced personal injury attorney as soon as possible to get the justice and compensation you deserve.

Dealing with the aftermath of an assault and/or battery case is not only stressful, but it can also be very difficult to handle without a team of dedicated attorneys on your side.

Our trusted and experienced Los Angeles assault and battery lawyers know what it takes to get the results and the justice you deserve, and will help you every step of the way. Feel free to contact us at the Gutierrez Law Firm at any time with any questions or for help with your assault and battery case.

Contact Our Trusted Lawyers For Your Assault & Battery Case

If you’ve been threatened or injured by someone else, you can empower yourself by seeking financial justice from any injuries or damages that may have resulted from assault and/or battery with the help of a Los Angeles assault lawyer.

For a free initial consultation, and dedicated representation, please feel free to contact us at the Gutierrez Law Firm by phone at (323) 999-3500 or by email at office@gutierrez.legal to discuss your specific case matters.

At the Law Offices of Oscar H. Gutierrez, our team is skilled and knowledgeable in all the complex legal tasks and court procedures needed for a favorable and successful resolution to your case.

With 40+ years of combined litigation experience in handling assault and battery cases for our clients across Los Angeles courts,  we’re fully equipped to fight aggressively on your behalf during each step of the legal process—to help you receive the compensation and justice you deserve, so you can focus on what matters—recovering.