Statute of Limitations for Assault and Battery (intentional tort) in American Samoa

5 min read

Published April 8, 2026 • By DocketMath Team

This article is for informational purposes only and does not constitute legal advice. Laws change frequently — verify all citations with current official sources.

Overview

Run this scenario in DocketMath using the Statute Of Limitations calculator.

For an intentional tort claim for assault and battery in American Samoa, the general statute of limitations is 2 years from the date the claim accrues. Practically, that typically means the clock starts when the harmful contact (for battery) or the threatening act constituting assault occurs—rather than when later details are discovered.

Note: DocketMath can’t determine liability or guarantee how a court will characterize your specific claims (for example, whether facts fit “assault,” “battery,” or another “injury to the person” theory). This guide helps you model timing based on common statute-of-limitations inputs.

Limitation period

The baseline limitation period for an assault and battery type intentional tort in American Samoa is generally 2 years when treated as an action for injuries to the person.

How the timing usually works:

Start (accrual): Often the date of the incident—e.g., the day of the striking for battery, or the day of the threatening act for assault.
End (deadline): Typically 2 years after accrual, subject to any tolling or exceptions that may apply.
Practical filing note: Try not to wait until the final days or final month—procedural timing (like service) can create avoidable risk even when the “headline” limitations date seems to allow filing.

What changes the deadline in real life: Even with a 2-year headline period, the deadline can shift due to:

Accrual date arguments: If the claim is legally treated as accruing at a different time, the clock moves.
Tolling/pauses: Some circumstances can pause or extend the limitations period.
How the claim is characterized: If the case is framed as something other than assault/battery (or not strictly as an “injury to the person” intentional tort), courts may apply a different timing rule.

Before you model a deadline, identify two things:

the date of the assault/battery event (or the relevant incident date you believe controls accrual), and
the legal theory/claim category you’re using so the input matches the rule you intend to apply.

Key exceptions

American Samoa limitations rules can include exceptions, most commonly through tolling concepts (and sometimes through special categories of plaintiffs). The exact fit depends on how the statute and the specific facts apply.

Use this checklist to pressure-test your inputs before relying on an output:

Common categories to verify for tolling-type effects

Watch for claim characterization

Courts may treat a dispute as:

an intentional tort (assault/battery), or
a negligence/personal injury claim, or
another civil claim with a different limitations period.

Because the applicable limitations rule can depend on claim classification, the DocketMath calculation is only as accurate as the claim type and accrual/trigger date you enter.

Warning: One incident (“fight” or event) can support multiple legal theories. If you model a battery claim but the facts are better characterized under a different statute or requires additional elements, the limitations period may not match your model.

Statute citation

American Samoa Code Annotated (A.S.C.A.) § 43.0120 provides a 2-year statute of limitations for actions for injuries to the person.

Assault and battery are intentional torts involving personal injury concepts, so plaintiffs commonly rely on this 2-year framework for timing purposes. The key practical step is usually the accrual analysis—i.e., determining the date the claim is treated as starting the clock—since that can be more outcome-determinative than the length of the stated period.

Use the calculator

DocketMath’s statute-of-limitations tool helps convert your key dates into a deadline model.

What you’ll typically enter

Jurisdiction: Choose US-AS (American Samoa)
Claim type: Select the category that best matches assault/battery timing under the tool’s mapping for “injuries to the person”
Accrual date: Enter the incident date you believe controls when the claim accrued (often the assault/battery date)
Tolling/exception inputs (if available in the tool): These adjust the computed deadline if the tool supports them

How outputs change when inputs change

Accrual date shift: Even small changes to the accrual date will move the calculated deadline by a similar amount (because the calculation is time-based).
Tolling on/off: Selecting a tolling or exception option (where the tool offers it) can extend the deadline by pausing or adding time back into the limitations window.
Multiple incidents: If there were multiple assaults/batteries or separate episodes, using the wrong incident date can materially change the modeled deadline—consider calculating each episode separately if your claims treat them that way.

A quick example (date math)

Assume:

Accrual date: January 15, 2024
Limitation period: 2 years under A.S.C.A. § 43.0120

The basic deadline lands around:

January 15, 2026 (subject to any tolling/exception selections modeled by the tool)

To reduce last-minute risk, it’s generally safer to aim well before the computed deadline rather than relying on the final day.

Primary CTA: run the numbers here: /tools/statute-of-limitations

Sources and references

Start with the primary authority for American Samoa and confirm the effective date before relying on any output. If the rule has been amended, update the inputs and rerun the calculation.

28 U.S.C. § 2415