Short overview. If you were assaulted in Alabama and want to pursue a civil claim, you are generally pursuing a tort claim (commonly assault and/or battery and sometimes related claims such as negligence or intentional infliction of emotional distress) to recover money for medical bills, lost wages, pain and suffering, and other losses. The civil case is separate from any criminal case the state may bring against the assailant.

1. Immediate steps after an assault (preserve safety and evidence)

1. Get to a safe place. Your safety is the priority.
2. Seek medical attention right away. Ask the provider to document injuries in the medical record. Medical records and photos of injuries are key evidence.
3. Report the assault to police if you can and get the report number. A police report can support your civil claim, though you can sue even if the state does not prosecute.
4. Preserve evidence. Keep clothing, photographs (date-stamped or with file metadata if possible), messages, videos, and any objects involved. Write down everything you remember about the event as soon as possible, including witness names and contact information.

2. Legal theories you can use in Alabama

Common civil claims after an assault include:

• Assault – an intentional act that places another in reasonable apprehension of imminent harmful or offensive contact.
• Battery – intentional and harmful or offensive contact.
• Negligence – where a third party’s careless conduct (for example, a property owner’s failure to provide security) contributed to your injuries.
• Intentional infliction of emotional distress – in cases of extreme, outrageous conduct causing severe emotional harm.

3. Time limits: statute of limitations in Alabama

Most personal injury actions in Alabama, including claims for assault and battery, must be filed within the state statute of limitations for personal injury. If you wait too long, the court can dismiss your case even if it otherwise has merit. For Alabama’s statute of limitations on personal injury claims, see the Code of Alabama (civil actions for personal injury). Review the applicable provisions and consult counsel promptly to avoid missing a deadline.

Helpful link (Alabama Code): Code of Alabama — official site (search Title 6: Civil Practice).

4. Building your claim: evidence and damages

To win a civil assault/battery claim you typically need to show:

• Who committed the act (identity).
• What the actor did (the intentionally threatening act or the harmful contact).
• When and where it happened (timeline and location).
• That the act caused harm (medical records, photographs, witness testimony).

Damages you can pursue include medical expenses, rehabilitation costs, lost income, out-of-pocket expenses, pain and suffering, and sometimes punitive damages if the defendant’s conduct was especially reckless or malicious.

5. Pre-suit steps: demand and attempt to resolve

1. Document the losses: collect bills, pay stubs, and receipts.
2. Consider sending a written demand letter to the defendant (or their insurer, if applicable). A demand letter explains the facts, damages, and the settlement amount you seek.
3. Many cases settle after a demand or during early negotiations. Insurance companies often handle settlement discussions.

6. Filing the lawsuit

If settlement fails, the next step is filing a lawsuit. Key procedural steps:

1. Decide the correct court—smaller claims may be filed in district or small-claims court; higher-value or more serious personal injury suits typically belong in circuit court. Local rules vary.
2. Prepare and file a complaint that states your causes of action and the relief you seek.
3. Serve the defendant with the complaint and a summons according to Alabama rules so the court obtains jurisdiction over them.
4. The defendant will answer or otherwise respond. The case then moves to discovery (exchanging evidence), motions, and possibly settlement talks or mediation.
5. If the case does not settle, it proceeds to trial where a judge or jury decides liability and damages.

7. After judgment: collection

Winning a judgment does not automatically put money in your pocket. You may need to use legal procedures (garnishment, liens, writs of execution) to collect from the defendant. If the defendant lacks assets, collection may be difficult. Lawyers can advise on collection options.

8. Consider getting a lawyer

An attorney who handles Alabama personal injury and intentional torts can:

• Evaluate the strength of your case and likely damages;
• Handle negotiations with insurance companies and defense counsel;
• Make sure you file within applicable deadlines and follow court procedures;
• Represent you at trial if needed and help with post-judgment collection.

If money is tight, many personal injury attorneys offer free initial consultations and work on contingency (they receive a percentage only if you recover money). Be sure to ask about fees and costs up front.

9. Practical timeline example (typical sequence)

Example sequence after an assault: seek medical care (day 0–7), report to police (day 0–7), preserve evidence (immediate), contact an attorney (within weeks), send demand letter (weeks–months), file suit if no resolution (months–2 years depending on statute of limitations), discovery and negotiations (months–years), trial (if needed), collect judgment (post-judgment).

Where to find statutes and local rules: Use the Alabama Legislature’s site to look up statutes and your local county court’s website for filing rules and small-claims information: https://www.legislature.state.al.us/alacode/.

Important: This summary describes common steps and issues. The rules and deadlines can vary based on the facts of your case, the defendant’s identity (e.g., private individual vs. government entity), and other special circumstances.

Disclaimer: This is general information only and does not create an attorney-client relationship. This is not legal advice. Consult a licensed Alabama attorney about your specific situation.