Overview

Maryland’s statute of limitations for assault and battery claims is 3 years. For intentional tort claims like assault and battery, Maryland applies the general civil limitations period in Md. Code, Cts. & Jud. Proc. § 5-106 because no separate claim-specific rule was identified for these claims.

Assault and battery are often discussed together, but they are different causes of action. Assault generally involves conduct that creates a fear of imminent harmful or offensive contact, while battery involves the harmful or offensive contact itself. In Maryland, both are generally subject to the same default filing deadline unless a specific tolling or accrual issue changes the calculation.

The most important timing question is when the claim accrued. In many straightforward cases, that is the date of the incident. But if facts about discovery, injury timing, or the defendant’s conduct are disputed, the deadline may require a closer look.

Limitation period

The limitation period is 3 years from accrual. That means a Maryland assault or battery lawsuit is ordinarily timely only if filed within three years of the date the claim accrued.

Here is the practical rule:

• Assault: 3 years
• Battery: 3 years
• Intentional tort claims generally: 3 years under Maryland’s general civil limitations statute

In a simple case, accrual happens on the date of the incident. For example, if the alleged assault or battery happened on June 1, 2024, the usual deadline would be June 1, 2027.

How the deadline is usually calculated

Use these steps:

1. Identify the date of the alleged assault or battery.
2. Confirm when the claim accrued under Maryland law.
3. Count 3 calendar years forward.
4. File before the deadline expires.

A few practical examples:

What changes the output

The statute-of-limitations result can change if the inputs change:

• Different incident date: shifts the filing deadline by the same amount of time.
• Different cause of action: a claim labeled differently may use a different deadline.
• Different accrual date: if the claim accrued later than the incident date, the deadline also moves later.
• Tolling facts: certain legal disabilities or statutory tolling rules can pause or extend the clock.

If you use DocketMath, the most important input is the date of the incident or accrual. The output is the latest filing deadline based on Maryland’s rule. For assault and battery, the tool should return a 3-year deadline unless a tolling fact changes the calculation.

Key exceptions

Maryland does not have a separate assault-and-battery-specific limitations period identified here, so the main exception questions involve accrual and tolling. The default rule remains 3 years under Md. Code, Cts. & Jud. Proc. § 5-106.

Common issues that can affect the deadline

• Accrual disputes: If the injury or wrongful act date is unclear, the parties may disagree on when the 3-year period started.
• Minor or legally disabled claimant: Maryland tolling rules can sometimes affect when the clock starts or whether it pauses.
• Fraudulent concealment: If facts supporting the claim were concealed, a later filing argument may apply.
• Related claims: A civil assault or battery claim may be filed alongside other causes of action that have different deadlines.

What does not change the rule

These facts usually do not change the base Maryland period by themselves:

• the claim being labeled “intentional”
• the case being filed in civil court
• the parties’ settlement discussions
• a police report or criminal case about the same incident

Practical checklist for deadline review

Statute citation

The controlling citation is Md. Code, Cts. & Jud. Proc. § 5-106. That statute supplies the general Maryland civil limitations period used here for assault and battery claims.

Citation details

Reference link

The statute is available here:
Md. Code, Cts. & Jud. Proc. § 5-106 — https://codes.findlaw.com/md/courts-and-judicial-proceedings/md-code-cts-and-jud-pro-sect-5-106/?utm_source=openai

When you are building a deadline calculation, this citation is the anchor. The statute gives the baseline period; the incident date, accrual date, and any tolling facts determine the final filing deadline.

Use the calculator

DocketMath’s statute-of-limitations calculator can estimate the Maryland filing deadline in seconds. For assault and battery, the key output is usually a 3-year deadline from accrual.

What to enter

Enter the most accurate dates and case facts you have:

• Date of incident
• Date the injury or contact was discovered, if different
• Claim type: assault, battery, or both
• Jurisdiction: Maryland
• Any tolling facts: minority, disability, concealment, or other pause-triggering facts

How the output changes

The calculator result changes when the inputs change:

Best use cases

Use the calculator when you need to:

• confirm the last filing date before drafting
• compare multiple incident dates
• screen a new intake for deadline risk
• sanity-check a deadline in a demand letter or case memo

Start with the tool here: /tools/statute-of-limitations

If you are working through a civil liability timeline, a calculator is especially useful because small date differences can change the filing window by days or months. DocketMath turns those dates into a deadline you can act on.

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