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

Overview

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

In Minnesota, the statute of limitations (SOL) for intentional tort claims such as assault and battery is generally 3 years under Minnesota Statutes § 628.26. This is the default/general limitations rule when a claim-type-specific period for assault and battery is not identified.

Assault and battery can arise in different settings—most commonly as a civil lawsuit between private parties, and sometimes alongside criminal charges. For civil SOL planning, the timing you care about depends on the type of case and what limitations statute a court applies to your claim.

This page uses DocketMath to help you calculate the baseline deadline under the general/default framework for Minnesota, without assuming a special assault/battery sub-rule.

Limitation period

Minnesota’s general SOL period is 3 years. Under Minnesota Statutes § 628.26, the clock generally runs from when the claim accrues.

What “3 years” means in practice

A “3 years” SOL typically means you must file the lawsuit within 3 years of the accrual date (the date the claim is treated as having accrued for SOL purposes). For assault and battery, accrual is often tied to when the incident occurred and/or when the claimant knew (or reasonably should have known) the facts forming the basis of the claim—depending on the governing accrual approach applied to the facts.

Key inputs (what changes the deadline)

Use these inputs to model your timeline:

• Accrual date (often the event date, but sometimes treated differently based on the facts)
• Filing date (the date you plan to file or the date the claim was actually filed)

Quick timeline example (baseline math)

If the alleged assault and battery occurred on March 1, 2022, then:

• Accrual date: March 1, 2022
• 3-year deadline (baseline): March 1, 2025 (subject to how courts apply timing rules to the exact calendar day)

That baseline is the core output DocketMath calculates under the general/default rule.

How outputs change when dates change

In DocketMath’s baseline model, changing inputs shifts the deadline:

• Later accrual date → later SOL deadline
• Earlier accrual date → earlier SOL deadline
• Same accrual date, different filing date → changes whether the claim appears timely under the default rule

Practical disclaimer: This is a deadline model for baseline planning. SOL timing can turn on factual details and legal doctrines (including tolling). This page is meant to help you organize dates and run a first-pass estimate—not to provide legal advice.

Key exceptions

Even if the starting point is the 3-year default under § 628.26, exceptions can affect the outcome. Exceptions typically fall into categories that pause, extend, or alter when the clock runs.

Common categories to consider (depending on your facts and posture):

• Tolling for legally recognized reasons (for example, certain incapacity-related scenarios)
• Delayed discovery or variations in when a claim is treated as accruing based on what a claimant knew or should have known
• Statutory or procedural conditions that can extend or modify timing requirements

What DocketMath can and can’t do

• Can: calculate the baseline 3-year deadline under the default rule.
• May: help you structure timeline scenarios depending on how the workflow captures accrual and filing dates.
• Cannot: guarantee correct results for tolling or nuanced accrual issues unless the tool workflow explicitly supports those adjustments.

Practical checklist before you run the calculator

Before using DocketMath, gather your key dates:

Statute citation

Minnesota Statutes § 628.26 provides the general/default civil statute of limitations period of 3 years for actions where a more specific limitations statute does not apply.

In this page’s jurisdiction data, the default period is used because:

• No claim-type-specific sub-rule was found for assault and battery in the provided jurisdiction inputs.
• Therefore, the 3-year general/default period is the starting point.

For reference, Minnesota inputs used for this calculator include:

Use the calculator

Open DocketMath at: /tools/statute-of-limitations

Inputs to enter

1. Jurisdiction: Minnesota (US-MN)
2. Accrual date: the date your claim is treated as accruing for limitations purposes
3. Period: use 3 years under Minnesota Statutes § 628.26 (default)
4. Filing date (if prompted): the date you plan to file or the date the claim was filed

Output you should expect

DocketMath should return a computed deadline date that reflects:

• Accrual date + 3-year limitations period (baseline default rule)

How to interpret the result

• If your filing date is on or before the computed deadline, the claim may be timely under the default rule.
• If your filing date is after the computed deadline, the claim may be time-barred under the default rule—again, subject to any exceptions/tolling.

Sources and references

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

• Minn. Stat. § 541.05

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