Can you pursue a civil claim for an assault if you did not seek immediate medical care?
This FAQ-style guide explains how Minnesota law treats civil claims after an assault, what matters if you didn’t go to the hospital, and practical steps to protect your rights. This is educational information only and not legal advice.
Detailed answer — civil claims, criminal charges, and the role of medical treatment
Two separate legal tracks can arise after an assault: criminal prosecution (brought by the state) and a civil lawsuit (brought by the injured person). Both are possible even if you never went to a hospital.
Civil lawsuit (your private claim)
Under Minnesota law you can bring a civil claim for assault, battery, intentional infliction of emotional distress, or related personal-injury theories regardless of whether you sought emergency medical care at the time. A civil claim focuses on compensation for harms such as medical costs, lost wages, pain and suffering, and emotional distress. Civil claims are decided on a lower proof standard (preponderance of the evidence) than criminal cases.
Criminal prosecution (state action)
The State of Minnesota can pursue criminal charges for assault independently of whether you went to the hospital. Minnesota’s criminal statutes define and penalize assault; see the statute on assault here: Minn. Stat. § 609.223 (Assault). You can report a crime to police at any time, but the prosecutor decides whether to press charges.
Why a hospital visit matters but is not required
- Medical records create contemporaneous, objective documentation of injury, which helps both civil and criminal cases.
- Not going to the hospital does not bar a lawsuit. You can later see your doctor or a clinic, obtain examinations, and document injuries, including psychological injury.
- Some injuries (bruises, concussions, soft-tissue damage) emerge or get worse over time. A delayed exam still produces useful evidence.
Evidence you can rely on if you didn’t go to the hospital
- Photos of injuries (take them promptly from multiple angles and dates).
- Witness contact information and written statements.
- Police reports, 911 call records, or body-camera footage if police responded.
- Medical or mental-health records from later clinic or emergency visits, including photos your provider takes.
- Time-stamped communications (text messages, emails, social media) that discuss the incident.
- Pay stubs or employer records showing lost wages.
Deadlines and procedural considerations
Every civil claim must be filed within the time limit set by Minnesota law. For personal injury claims, the governing statute of limitations is set by Minnesota law; see Minn. Stat. § 541.07 (Statutes of limitations) and related sections for specifics that may apply to intentional torts and special circumstances. If you delay paperwork or wait too long you can lose the right to sue, so consult an attorney promptly to confirm applicable deadlines for your specific situation.
Possible civil remedies
You may seek money damages for:
- Medical care (past and future)
- Lost income and reduced earning capacity
- Pain and suffering and emotional distress
- Punitive damages in some intentional-wrong cases
Practical steps to protect your case
- Preserve evidence now: photos, texts, clothing, and witness names.
- File a police report if you haven’t already. That creates an official record.
- Seek medical or mental-health care as soon as you reasonably can and ask for copies of records and photos.
- Keep a written journal of symptoms, pain levels, expenses, and missed work.
- Consult a Minnesota personal-injury attorney to evaluate whether to file a civil lawsuit and calculate damages.
Helpful hints
- Act quickly on evidence collection; memories fade and physical signs can disappear.
- Even if you declined hospital transport at the scene, you can obtain medical documentation later and it still helps your case.
- Police reports help both civil and criminal paths; if officers did not respond, consider filing a report online or at a precinct.
- If you want protection from further contact, ask an attorney or the court about restraining orders or orders for protection.
- Keep copies of receipts, bills, and statements tied to the incident (medical bills, transportation, lost-pay statements).
- Remember the civil burden is lower than the criminal burden: a civil judgment can be obtained even if prosecutors decline criminal charges.
- Talk to a lawyer about the statute of limitations as soon as possible to avoid missing filing deadlines.
- Free legal-referral services are available through the Minnesota State Bar Association and local legal aid organizations if you need help finding counsel.