Detailed answer: How to bring a civil claim after an assault in Maryland
This article explains, in plain language, the typical steps someone in Maryland would take to pursue a civil claim after an assault. It assumes no prior legal knowledge. This is educational information only and not legal advice.
1. Immediate steps after an assault
- Get to a safe place. Your physical safety is the first priority.
- Seek medical attention right away. A medical record of your injuries is often the most important evidence in a civil case.
- Report the incident to police. A police report creates an official record and may support both criminal charges and a later civil claim.
- Preserve evidence. Keep clothing, take photos of injuries and the scene, save texts or messages, and note witness names and contact information.
2. Understand the legal basis: assault and battery in civil court
In Maryland a civil claim for an assault often proceeds as an intentional tort (assault and/or battery). Civil assault generally requires showing that the defendant intentionally acted in a way that caused you to reasonably fear imminent harmful or offensive contact. Battery requires actual harmful or offensive contact. You can recover damages for medical expenses, lost wages, pain and suffering, emotional distress, and sometimes punitive damages if the defendant’s conduct was malicious or intentional.
3. Time limit to file: statute of limitations
Most personal injury actions in Maryland, including injuries from an assault, must be filed within three years from the date of the injury. This time limit is set by Maryland law: Courts and Judicial Proceedings §5-101. If you miss this deadline, your claim will likely be barred.
Md. Courts & Jud. Proc. Code §5-101 (statute of limitations for actions for injuries to person)
4. Decide where to file: District Court vs. Circuit Court
Maryland’s trial courts include the District Court and the Circuit Court. District Court handles many civil claims up to a monetary limit (see the District Court pages for current jurisdictional limits). Circuit Court has broader jurisdiction and handles larger or more complex personal injury cases. Talk with an attorney about which court is right for your case.
Maryland Courts — Civil information and filing resources: CourtHelp: Civil. General District Court civil information: District Court — Civil.
5. Typical timeline and steps in a civil assault case
- Consult with an attorney. Many personal injury attorneys offer an initial consultation to evaluate the case, explain options (settlement vs. lawsuit), and discuss fees.
- Demand letter. Your lawyer may send a written demand to the defendant or the defendant’s insurer describing the facts, injuries, and requested compensation.
- Filing suit. If settlement is not reached, your attorney files a Complaint (or Declaration in some courts) to begin the civil lawsuit and arranges service of process on the defendant.
- Pretrial procedures. The parties exchange information through discovery (written questions called interrogatories, document requests, and depositions). Motions may be filed to resolve legal issues before trial.
- Settlement negotiations / mediation. Many cases resolve before trial by settlement or mediation.
- Trial. If no settlement, the case goes to trial. A judge or jury decides liability and damages.
- Judgment and collection. If you obtain a judgment, you may need additional steps (garnishment, liens) to collect money that is awarded.
6. Damages you may recover
- Economic damages: medical bills, future medical care, lost wages, diminished earning capacity.
- Non-economic damages: pain and suffering, emotional distress, loss of enjoyment of life.
- Punitive damages: in intentional torts like assault, punitive damages may be available in some cases to punish particularly bad conduct and deter similar acts.
7. Other practical and legal considerations
- If the assault also led to criminal charges, the criminal case is separate from your civil suit. A criminal conviction can help your civil case, but civil liability can be proved even without a criminal conviction.
- Insurance. The defendant’s homeowner or renter’s insurance or other liability policies might cover an assault claim, depending on policy terms and the facts.
- Comparative fault. Maryland follows principles that can reduce recovery if you were partly at fault; discuss specifics with counsel.
- Special rules for minors or incapacitated victims. There are additional protections and tolling rules for minors or people under disability—ask an attorney about deadlines that might be tolled (paused).
8. How an attorney helps
An attorney can:
- Evaluate the strength of your claim and likely damages;
- Preserve and gather evidence, interview witnesses, and obtain records;
- Communicate with insurers and opposing counsel;
- File the complaint properly and manage all court deadlines and procedural requirements;
- Advise on settlement vs. trial, and handle trial if needed.
Important note about deadlines
Because Maryland’s statute of limitations for personal injury actions is generally three years, you should promptly consult a lawyer to protect your rights and preserve evidence. See Md. Courts & Jud. Proc. §5-101.
Disclaimer
This information is for educational purposes only and is not legal advice. Every case is different. For advice about your specific situation, contact a licensed Maryland attorney as soon as possible.
Helpful hints
- Write down everything you remember about the incident as soon as you can while memories are fresh.
- Keep all medical records, bills, and receipts related to the injury in one place.
- Take dated photographs of injuries and the scene; screenshots text messages and social media posts related to the incident.
- Get witness names and contact information and ask if they are willing to give a written or recorded statement.
- Don’t post detailed descriptions or admissions about the incident on social media; those posts can be used against you in court.
- If you have urgent safety concerns (stalking, threats), tell the police and your attorney; there are protections available.
- Ask about fee arrangements. Many personal injury attorneys in Maryland work on contingency (they are paid a percentage of any recovery), so you can often consult without an upfront fee.
- Act promptly — preserve physical evidence and witnesses and consult an attorney before the statute of limitations expires.
For general Maryland court resources and self-help information, visit CourtHelp: Civil. For statute of limitations text: Md. Cts. & Jud. Proc. §5-101.