Statute of Limitations for Assault and Battery (intentional tort) in Indiana
6 min read
Published April 8, 2026 • By DocketMath Team
Overview
Indiana uses a 5-year statute of limitations for this assault and battery reference page, and the governing citation provided for that general period is Indiana Code § 35-41-4-2. Because no claim-type-specific sub-rule was found in the supplied jurisdiction data, the general/default period is the rule to use here.
Assault and battery are intentional tort claims, so the deadline can determine whether a case is filed on time. In practice, the countdown usually starts when the alleged injury or wrongful conduct occurs, but the exact accrual date can depend on the facts and the theory being asserted.
For a quick deadline check, use DocketMath’s statute of limitations calculator at /tools/statute-of-limitations to calculate the filing window from a specific date.
Note: This page is a reference guide, not legal advice. The deadline analysis should always be tested against the exact filing date, injury date, and claim facts.
Limitation period
Indiana’s general limitation period for this reference page is 5 years.
That means an assault or battery intentional tort claim should generally be filed within 5 years of the date the claim accrues. The practical effect is simple: if the complaint is filed after the 5-year window closes, the defendant can raise the statute of limitations as a defense.
Here is the core rule in plain terms:
| Item | Rule |
|---|---|
| State | Indiana |
| Claim type | Assault and battery (intentional tort) |
| General limitations period | 5 years |
| General statute provided | Indiana Code § 35-41-4-2 |
| Default? | Yes — no claim-type-specific sub-rule was provided in the jurisdiction data |
A few operational points matter when you are checking a deadline:
- The trigger date is the date that starts the clock.
- The filing date is what counts for timeliness, not when the complaint was drafted.
- The limitation period can be affected by special facts, such as tolling events, but the general reference period remains 5 years unless a specific rule applies.
- If multiple injuries or incidents occurred on different dates, each event may need its own deadline analysis.
For workflow purposes, many users check:
- the incident date,
- the date the harm was discovered or became actionable, if relevant,
- whether any tolling rule applies, and
- the final filing deadline.
If you are building a deadline workflow, DocketMath’s calculator can turn those dates into a clear target filing date in seconds.
Key exceptions
Indiana’s supplied rule set for this page does not identify a claim-type-specific exception for assault and battery, so the 5-year general period is the starting point. That said, deadline analysis often turns on whether a separate legal rule changes when the clock starts or pauses.
Common deadline issues to check include:
- Accrual date differences: the limitations clock usually runs from the date the claim accrues, which may be the incident date or another legally relevant date.
- Tolling: some facts can pause the clock.
- Multiple acts: separate assault or battery events may create separate filing deadlines.
- Amended pleadings: adding a new claim later may not relate back automatically.
- Wrong defendant issues: filing against the wrong party can create deadline problems if the correct party is added after expiration.
A practical checklist for reviewing exceptions:
Pitfall: Using the injury date instead of the accrual date can move the deadline if the claim becomes legally actionable later than the incident itself.
Because this page is built from the general/default period only, it does not add a narrower sub-rule for assault or battery. If your facts involve a potentially distinct accrual issue, the safest way to test the timing is to run the dates through the calculator and then review the resulting deadline against the case timeline.
Statute citation
The general citation supplied for this Indiana reference page is Indiana Code § 35-41-4-2.
For quick lookup and documentation, the source provided is:
Use that citation when you need to anchor the deadline rule in a filing memo, case note, or internal checklist. For reference-page purposes, the key takeaways are:
| Citation element | Value |
|---|---|
| Jurisdiction | Indiana |
| Code citation | Indiana Code § 35-41-4-2 |
| Reference period | 5 years |
| Rule status | General/default period |
| Specific assault/battery sub-rule | Not found in supplied data |
This section matters because citation precision reduces deadline errors. Even when the issue is straightforward, it helps to record:
- the statute,
- the incident date,
- the calculated deadline, and
- the date the claim was filed or should be filed.
That is especially useful in litigation support, intake review, and pre-filing deadline tracking.
Use the calculator
DocketMath’s statute of limitations calculator gives you a filing deadline by converting the relevant start date into an end date using the applicable limitation period.
To use it for an Indiana assault or battery reference check:
- Enter the date that starts the clock.
- Select the relevant jurisdiction, if prompted.
- Confirm the claim type or reference period.
- Review the calculated deadline.
The output changes based on the input date and period:
| Input | What changes in the output |
|---|---|
| Incident date | Shifts the deadline forward or backward by 5 years |
| Different accrual date | Produces a different deadline |
| Tolling dates | May pause or extend the deadline |
| Multiple incident dates | May require multiple calculated deadlines |
For example, if the triggering event occurred on one date, the calculator will return the deadline 5 years later under the general Indiana reference period. If the facts show a later accrual date, the deadline moves accordingly.
Use the calculator when you need to:
- confirm whether a filing is timely,
- compare multiple incident dates,
- create a quick deadline note for a file,
- or sanity-check an intake timeline before drafting.
A good internal workflow is:
Related reading
Related reading
- Choosing the right statute of limitations tool for Vermont — How to choose the right calculator
- Statute of limitations in Singapore: how to estimate the deadline — Full how-to guide with jurisdiction-specific rules
- Choosing the right statute of limitations tool for Connecticut — How to choose the right calculator
