Detailed Answer
This article explains the typical steps to bring a civil claim in Minnesota after an assault. It assumes you start with no legal knowledge and uses plain language. This is general information only and not legal advice. For case-specific guidance, consult a Minnesota attorney.
Overview: civil claim vs. criminal case
An assault can produce two separate legal tracks. The state may prosecute the assailant in criminal court under Minnesota criminal statutes (see Minnesota Statutes, chapter 609: https://www.revisor.mn.gov/statutes/cite/609). Independently, you may file a civil lawsuit to recover money damages for physical injury, pain and suffering, emotional harm, medical bills, lost wages and other losses caused by the assault. A criminal conviction can help your civil case but is not required.
Step-by-step: how to bring a civil claim after an assault in Minnesota
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Get medical care first.
Your health is the priority. Seek emergency care or follow-up treatment. Medical records are critical evidence of injury and causal connection to the assault.
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Report the assault to police and get the report number.
Reporting preserves a criminal record and creates official documentation. Ask how to obtain a copy of the police report and note the report number for your civil file.
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Preserve evidence and document everything.
Keep clothing, photos of injuries and the scene, witness names and contact information, text messages, social media posts, surveillance video, and receipts for expenses. Start a contemporaneous journal describing injuries, symptoms, time off work, and communications about the incident.
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Identify the proper defendant(s).
Most civil assault claims name the person who committed the assault. In some cases you may also have claims against an employer, property owner, bar, or venue under vicarious liability or negligent security theories. An attorney can help identify all potential defendants.
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Understand the legal theory and damages.
Common civil claims after an assault include: assault, battery (harmful or offensive contact), intentional infliction of emotional distress, and related negligence-based claims. You can seek compensatory damages (medical bills, lost wages, pain and suffering, emotional distress) and, in certain cases, punitive damages. A lawyer can evaluate which claims fit your facts.
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Check and comply with the statute of limitations.
Act promptly. Minnesota’s time limits for bringing civil claims (the statute of limitations) are strict. For personal injury claims, see Minnesota Statutes, section 541.07 for applicable deadlines: https://www.revisor.mn.gov/statutes/cite/541.07. Missing the deadline may permanently bar your claim. Special rules can apply for minors or incapacity, so get advice early.
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Consider a demand to the defendant or insurer.
Many civil matters resolve before filing suit. You or your attorney can send a demand letter describing injuries, attaching medical bills and proof of loss, and stating the settlement demand. Insurance policies may cover the defendant’s liability; identify and timely notify any carrier.
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Decide where to file: small claims or district court.
If damages are modest, Minnesota small claims court provides a faster and less formal forum. For larger claims, you file a civil complaint in Minnesota district court (county where injury occurred or defendant resides). Information on small claims is available from the Minnesota Judicial Branch: https://www.mncourts.gov/Help-Topics/Small-Claims.aspx.
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File the lawsuit and serve the defendant.
Filing begins the civil lawsuit. The complaint must state the facts, legal claims and damages sought. After filing, you must serve the defendant with the summons and complaint under Minnesota court rules.
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Engage in discovery and settlement efforts.
Both sides exchange evidence and take depositions. Discovery may uncover additional proof and strengthen settlement negotiations. Many cases settle before trial.
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Trial, judgment, and collection.
If the case goes to trial, a judge or jury decides liability and damages. After a judgment in your favor, you may need post-judgment steps to collect money owed. Collection can involve wage garnishment, liens, or other enforcement mechanisms.
When to hire an attorney
Consider speaking with a lawyer if:
- Injuries are serious or require ongoing care.
- Liability is contested or multiple defendants/insurers are involved.
- You seek compensation for pain and suffering or punitive damages.
- You face a short statute of limitations or other complex procedural issues.
The Minnesota State Bar Association provides public resources and lawyer referral options: https://www.mnbar.org/for-the-public.
Other resources and programs
If the assault is a crime, you may qualify for victim services or financial assistance through state victim compensation programs. See Minnesota victim services information at the state Department of Public Safety or your local victim-witness program to learn about reimbursements for medical costs, counseling, and other expenses.
Key Minnesota statutes (examples)
- Minnesota criminal statutes (assault and related crimes): Minn. Stat. ch. 609.
- Statute of limitations for civil actions: Minn. Stat. § 541.07 (consult the section for specific time periods and exceptions).
Disclaimer: This information is educational only and not legal advice. Laws change and each case is different. Consult a licensed Minnesota attorney for advice about your specific situation.
Helpful Hints
- Seek medical care immediately and keep copies of all medical records and bills.
- File a police report and obtain the report number and officer contact info.
- Collect and preserve evidence: photos (date-stamped if possible), clothing, witness contact details, and any video footage.
- Write a detailed record of the incident and your symptoms while memories are fresh.
- Act quickly—statutes of limitations can bar claims if you wait too long. See Minn. Stat. § 541.07.
- If the other party has insurance, notify the insurer promptly but avoid giving recorded statements without advice from an attorney.
- Consider a lawyer consultation early—many offer free or low-cost initial interviews and contingency fee arrangements for personal injury claims.
- Even if prosecutors decline to press criminal charges, you can still pursue a civil claim.
- Use official resources for help: Minnesota Judicial Branch small claims info (mncourts.gov) and the Minnesota State Bar Association (mnbar.org).