The statute of limitations for the intentional torts of assault and battery are important to be aware of when commencing a cause of action for either action. It is essential to have a qualified intentional torts attorney to ensure that your action is commenced in a timely manner. A cause of action for assault must be filed within four years of the date the action accrued. An action for assault accrues when a plaintiff fears or apprehends the threatened harm. A cause of action for battery must be commenced within four years of the date the action accrues. A battery action accrues on the date of the harmful or offensive contact. However, either causes of action for assault and battery brought under the Civil Remedies for Criminal Practices Act may be brought within five years from the date the cause of action accrues. Additionally, a special statute of limitations applies to actions based on abuse or incest. Therefore, either causes of action for assault or for battery arising from alleged abuse or incest may be commenced at the later of any of the following:
• Within seven years after the age of majority;
• Within four years after the plaintiff leaves the dependency of the abuser; or
• Within four years from the time of discovery by the plaintiff of both the injury and the causal relationship between the injury and the abuse.
To commence your cause of action for either of the intentional torts of assault and battery in a timely manner you should have a skilled West Palm Beach intentional torts attorney on your side. Call Sharmin & Sharmin P.A. 1-800-74-TRIAL.
Call 1-800-74-TRIAL
