Detailed Answer

Disclaimer: This is educational information only and not legal advice. For advice about your specific situation, consult a licensed Michigan attorney.

Overview — civil claims after a physical assault in Michigan

After someone physically attacks you, you may have both criminal and civil options. Criminal charges are brought by the state (the prosecutor). A civil claim is your private lawsuit seeking money and other remedies for the harm you suffered. Common civil claims after an assault include assault, battery, intentional infliction of emotional distress, negligence (in some contexts), and false imprisonment.

Key Michigan law to know

• Criminal assault statute (for context): MCL 750.81 — see the Michigan Legislature for the criminal definition: MCL 750.81.
• Statute of limitations for personal-injury and bodily-harm claims: 3 years from the date of injury — see MCL 600.5805(2).
• Michigan court information and filing resources: Michigan Courts. Your local court clerk can tell you where to file and local procedures.

Step-by-step actions to take (practical, immediate to long-term)

1. Ensure safety immediately.

   Get to a safe place. Call 911 if you are in danger. If the attacker remains nearby or threats continue, law enforcement and emergency services can intervene and create a record.

2. Seek medical attention right away.

   Get treatment even for apparently minor injuries. Medical records establish injury, treatment, and a link between the assault and your harm. Save all medical bills, test results, and discharge papers.

3. Report the incident to police and get a copy of the report.

   A police report documents the event and can help your civil claim and any criminal prosecution. Ask how to obtain a copy, and note the report number and responding officer contact info.

4. Preserve evidence and document everything.
   • Take photos of injuries, clothing, the scene, and any property damage.
   • Keep physical evidence (clothing, torn items) in a safe place; do not wash them.
   • Save communications from the attacker (texts, emails, social media messages).
   • Write a detailed account of the incident as soon as possible while details remain fresh: time, place, what happened, witnesses, and injuries.
5. Identify potential defendants.

   Start with the person who assaulted you. Also consider others who may share legal responsibility: employers (if the assault occurred at work or by an employee acting within employment), property owners or businesses (if inadequate security or dangerous conditions contributed), and organizers of an event. Liability can be direct or vicarious depending on facts.

6. Preserve witness information.

   Collect names, phone numbers, and written statements from anyone who saw the assault. Witness testimony is often crucial for proving fault.

7. Calculate damages you can claim.

   Typical categories: medical expenses, future medical care, lost wages, lost earning capacity, pain and suffering, emotional distress, and property damage. If the assault was intentional and particularly malicious, punitive damages may be possible (consult an attorney about this).

8. Contact an attorney early.

   An attorney can evaluate the strength of your claim, identify defendants, preserve evidence, and advise about timing and strategy. Many personal-injury attorneys offer free consultations and work on contingency (they collect a fee only if you recover money).

9. Consider insurance claims.

   If the incident involves a vehicle, property, or an insured business, an insurance claim may be possible. Report the incident promptly to relevant carriers, and speak with your attorney before giving recorded statements to insurers.

10. File the lawsuit before the statute of limitations expires.

    In Michigan, most bodily-injury claims must be filed within three years of the injury date (see MCL 600.5805(2)). Missing the deadline usually bars your civil claim. Certain circumstances can change the deadline (minor plaintiffs, discovery rules, or tolling), so confirm timing with an attorney quickly.

11. Proceed through litigation steps if you file suit.

    After you file a complaint, the defendant must be served with process. The case then moves through pleadings, discovery (document requests, depositions), pretrial motions, attempts at settlement or mediation, and possibly trial. Most cases settle before trial.

Example hypothetical (illustrates how the steps apply)

Hypothetical: You are struck during an argument in a restaurant parking lot and suffer a broken wrist and concussion.

• Call 911 and get medical care at an emergency room.
• File a police report and get the officer’s report number.
• Take photos of your wrist, the scene, and your torn jacket. Keep the jacket unwashed.
• Ask the restaurant for any security-camera footage and for the names of staff who saw the incident.
• Contact a Michigan personal-injury attorney. They will send a letter to preserve evidence and evaluate whether the restaurant or its security has liability in addition to the attacker.
• Make sure you file a civil claim within three years of the injury unless a shorter deadline applies.

When to involve criminal proceedings or protection orders

Filing a police report does not prevent you from bringing a civil suit. If you fear ongoing threats or domestic violence, you can seek emergency protection or a personal protection order through the court and law enforcement. Your attorney or a victim-advocate program can explain the process and help you secure protective measures.

Helpful Hints

• Act quickly: safety and evidence preservation matter most in the first hours and days.
• Keep a central folder (paper and digital) for all documents: medical records, bills, police reports, photos, and correspondence.
• Do not post detailed descriptions of the assault on social media; opposing counsel may use social media posts against you.
• Get witness contact details immediately. Memories fade fast; written witness notes help accuracy.
• Ask about fee arrangements up front. Many injury attorneys work on contingency; you typically pay only if you recover money.
• Keep copies of all receipts for out-of-pocket costs (transportation to medical care, prescriptions, etc.).
• Talk to an attorney before giving recorded statements to insurance companies or signing release forms.
• Check the timeline: remember the 3-year filing rule under MCL 600.5805(2) and ask an attorney if any special circumstances change that deadline.

Where to get help

• Local police department and 911 for immediate danger.
• Michigan Courts: https://www.courts.michigan.gov/ for court locations, forms, and filing information.
• Legal aid and victim-advocate organizations in Michigan can help with short-term needs and referrals to attorneys if you cannot afford one.

Bringing a civil claim after an assault can be complex, but prompt action, careful evidence preservation, and early consultation with a Michigan attorney significantly increase your chances for a successful result.