Bringing a Civil Claim After an Assault in Missouri: Step‑by‑Step FAQ

Quick answer: To bring a civil claim after an assault in Missouri you should (1) get immediate medical care and document injuries, (2) report the incident to police and get the report, (3) preserve evidence and witness information, (4) send a written demand (optional), (5) file a civil petition in the appropriate Missouri circuit court before the statute of limitations runs out, and (6) complete service, discovery, potential settlement talks or mediation, then trial and enforcement if necessary. Read below for a detailed walkthrough of each step and practical tips.

Disclaimer

This article is for general informational purposes only and is not legal advice. It does not create an attorney‑client relationship. Consult a licensed Missouri attorney about your specific situation.

Detailed answer: How to bring a civil claim after an assault in Missouri

1. Understand what a civil claim for assault can cover

In Missouri, a civil claim after an assault is typically an intentional tort action (assault and/or battery) or, depending on facts, a related claim such as negligence, false imprisonment, or premises liability. A civil case is separate from any criminal prosecution. Possible recoverable damages include medical expenses, lost wages, pain and suffering, emotional distress, and in some cases punitive damages for particularly bad conduct. Whether punitive damages are available depends on the facts and the law; discuss specifics with counsel.

2. Seek and document medical care immediately

Seek emergency or prompt medical attention for injuries. Medical records are critical evidence: they document the injury, treatment, and the causal link to the assault. Ask for copies of all records, imaging, bills and prescriptions. If you delayed treatment, have a doctor document why treatment began later.

3. Report the assault and obtain the police report

Call 911 or contact local law enforcement to make a report. Ask how to obtain the incident or offense report and the report number. A police report can help support your civil claim even if prosecutors later decline charges.

4. Preserve evidence and witnesses

Preserve physical evidence (clothing, objects, photographs of injuries and location), electronic evidence (text messages, emails, social media posts), and any surveillance video. Write down your recollection of events while they are fresh. Get names and contact information for eyewitnesses. Don’t alter or destroy potential evidence.

5. Consider a pre‑suit demand

Often a lawyer will send a written demand letter to the alleged assailant (or their insurer) describing the facts, injuries, medical bills, and asking for a specific settlement. A demand is optional but can sometimes prompt settlement without filing a lawsuit. Avoid giving recorded statements to insurers or signing releases without legal advice.

6. Know the statute of limitations and timing

You must file your civil suit before Missouri’s statute of limitations runs out. Missouri’s Chapter 516 covers limitation periods; review the chapter for applicable deadlines and exceptions: RSMo Chapter 516 (Statutes of Limitation). Intentional torts and personal injury claims have specific time limits, and special rules can apply for minors or incapacitated plaintiffs. If you miss the deadline, the court will likely dismiss your case.

7. Filing the lawsuit (petition)

If settlement is not reached, file a civil petition (complaint) in the appropriate Missouri circuit court for the county with proper jurisdiction. The petition should state the facts, legal claims, and the relief you seek. Missouri courts information is available at the Missouri Courts website: Missouri Courts. If the amount in controversy is limited, your case may go through the small claims division—check the local court for limits and procedures.

8. Serve the defendant and await answer

After filing, you must legally serve the defendant with the petition and summons (often by sheriff or court process server). The defendant has a set time to respond (answer). If the defendant does not answer, you can seek a default judgment.

9. Discovery, settlement talks, and alternate dispute resolution

During discovery both sides exchange evidence (written questions, documents, depositions). Many cases settle during or after discovery. Missouri courts may require or encourage mediation. Be prepared to negotiate but consult an attorney before accepting any settlement to ensure it fairly compensates you.

10. Trial, judgment, and enforcement

If no settlement occurs, the case proceeds to trial where a judge or jury decides liability and damages. If you obtain a judgment and the defendant does not pay, you can pursue enforcement remedies such as wage garnishment or bank levy under Missouri law; local court clerks and counsel can explain enforcement options.

Practical procedural resources and Missouri law references

• Missouri statutes on limitation periods: RSMo Chapter 516.
• Missouri criminal statutes (for reference about criminal assault charges): RSMo Chapter 565 (Crimes Against the Person).
• Missouri Courts (filing, local rules, forms and finding your circuit court): Missouri Courts.

Helpful Hints

• Act quickly. Preserve evidence and contact an attorney before the statute of limitations expires. See RSMo Chapter 516 for time limits.
• Document everything. Keep photographs, medical bills, and a contemporaneous account of events and symptoms.
• Get the police report number and request a copy of the report.
• Collect witness names and contact details right away; memories fade quickly.
• Limit what you post on social media. Opposing parties often use social media posts as evidence.
• Don’t sign releases or give recorded statements to insurers without legal advice.
• If you can’t afford an attorney, ask local legal aid organizations or the Missouri Bar for referrals. The Missouri Bar provides lawyer referral resources at mobar.org.
• Keep records of lost wages and other economic losses (pay stubs, employer letters).
• Consider whether a demand letter or mediation might resolve the case faster than filing a lawsuit.
• Understand the difference between criminal prosecution and civil claims: the state prosecutes criminal charges; you pursue civil damages.

If you want, provide basic facts about what happened (where, how, injuries) and I can outline likely civil claims and the next steps you should consider in Missouri. Again, this is informational only and not legal advice.