In Wisconsin, you have 3 years to file a assault & battery claim under Wis. Stat. § 893.54(1m). The clock starts on the date of the assault or battery.
✓ Statute cited · Reviewed October 2026Quick answer: In Wisconsin, you generally have 3 years to file a assault & battery lawsuit. The clock starts: date of the assault or battery. Governing statute: Wis. Stat. § 893.54(1m). Key exception: Gov entities: Notice within 120 days required.
Data last reviewed: October 2026. General information, not legal advice.
Wisconsin law requires assault & battery plaintiffs to file suit within 3 years of the date of the assault or battery, as established by Wis. Stat. § 893.54(1m). Failing to file before this deadline will almost certainly result in the court dismissing your case — regardless of how strong your evidence is or how clear the defendant's liability may be.
Civil assault and battery claims generally start on the date of the assault or battery. Unlike negligence claims, intentional tort deadlines do not typically have a discovery rule — the clock starts when the act occurred. In most states, the civil period follows the general personal injury statute.
Civil assault and battery claims in Wisconsin are subject to the 3-year personal injury statute. You can file a civil lawsuit regardless of whether criminal charges were filed — they are separate proceedings with different burdens of proof.
| If the clock starts on | Last day to file (general rule) |
|---|---|
| March 15, 2025 | March 15, 2028 |
| September 1, 2025 | September 1, 2028 |
| January 15, 2026 | January 15, 2029 |
| July 1, 2026 | July 1, 2029 |
Examples assume the full 3 years applies with no tolling or special accrual rule. Deadlines that fall on a weekend or court holiday are often extended to the next business day, but do not count on it. Use the calculator on this page for your own date.
The 3-year deadline in Wisconsin applies to the following types of assault & battery claims:
If your claim falls outside these categories, a different statute of limitations may apply. An attorney can confirm which deadline governs your specific situation.
A police report creates an official record of the assault. You can pursue civil claims regardless of whether criminal charges are filed or result in conviction.
All injuries — including bruising, fractures, lacerations, and psychological trauma — should be documented by a medical provider. These records are your primary evidence.
Civil assault claims require you to identify and serve the defendant. Get the attacker's full legal name, address, and any identifying information.
Employers, property owners, and businesses may be liable for assaults on their premises if they failed to provide reasonable security. This is often where meaningful recovery exists.
Assault causes PTSD, anxiety, lost wages, therapy costs, and other economic harm. These damages are recoverable — document everything.
A civil assault and battery case is separate from any criminal prosecution. Don't wait for the criminal case to resolve — the civil limitations period runs independently.
| State | Years to File | Statute | Clock Starts |
|---|---|---|---|
| Wisconsin ★ | 3 yr | Wis. Stat. § 893.54(1m) | Date of the assault or battery |
| Illinois | 2 yr | 735 Ill. Comp. Stat. 5/13-202 | Date of the assault or battery |
| Iowa | 2 yr | Iowa Code § 614.1(2) | Date of the assault or battery |
| Michigan | 3 yr | Mich. Comp. Laws § 600.5805(2) | Date of the assault or battery |
| Minnesota | 2 yr | Minn. Stat. § 541.07(1) | Date of the assault or battery |
★ = Wisconsin. The state where the injury or incident occurred — not where you live — typically determines which statute of limitations applies.
Wisconsin's 3 years deadline for assault & battery claims is longer than 28 and shorter than 6 of the other jurisdictions; 16 others match it. Nationally the period runs from 1 year to 6 years (median 2 years; average 2.6 years). In the Midwest the average is 3.0 years across 12 jurisdictions.
See all 17 jurisdictions with a 3 years assault & battery deadline → · Assault & Battery in all states →
Pre-filled with Wisconsin and Assault & Battery. Just enter the date of your incident.
In Wisconsin, you have 3 years to file a assault & battery claim, measured from the date of the assault or battery. This deadline is set by Wis. Stat. § 893.54(1m). If you do not file within this window, your case will almost certainly be dismissed.
The clock starts on the Date of the assault or battery. Civil assault and battery claims in Wisconsin are subject to the 3-year personal injury statute. You can file a civil lawsuit regardless of whether criminal charges were filed — they are separate proceedings with different burdens of proof.
The following exceptions apply in Wisconsin:
If you miss the 3-year deadline, the defendant will file a motion to dismiss based on the expired statute of limitations. Courts virtually always grant such motions. Your case will be dismissed with prejudice — meaning permanently — regardless of how strong your evidence is. Always consult an attorney as soon as possible after an injury.
The standard rule in Wisconsin starts the clock on the date of the assault or battery. A discovery rule modification may apply in limited circumstances. Consult an attorney if you believe the standard start date is unfair in your situation.
Wisconsin's 3-year deadline for assault & battery claims is longer than 28 and shorter than 6 of the other jurisdictions. Across all states and D.C., assault & battery deadlines range from 1 year to 6 years.
If a city, county, state agency, or other government entity is responsible, you typically must file a Notice of Claim with the agency within a much shorter period — often 60–180 days. Missing this notice requirement can permanently bar your claim even before the main statute of limitations expires. Consult an attorney immediately if any government entity is involved.
Possibly, but it is difficult. You would need to demonstrate that a tolling doctrine applies — such as the discovery rule, minority tolling, or fraudulent concealment. An attorney can evaluate whether any exception extends your deadline. Do not assume your claim is dead until you have spoken with a licensed Wisconsin attorney.
StatuteLimits.com. "Wisconsin Assault & Battery Statute of Limitations (2026)." Reviewed October 2026. https://www.statutelimits.com/states/wisconsin/assault-battery
The assault & battery statute of limitations in Wisconsin is strict. Missing the 3-year deadline permanently ends your right to sue — regardless of how strong your case is. Tolling rules, government notice requirements, and recent law changes can all affect your actual deadline.
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