Detailed Answer

Short answer: Yes. In New Hampshire you can generally sue someone for assault (a civil personal-injury action) even if you did not go to a hospital right after the incident. A hospital visit is not a legal requirement to start a civil case. What matters is whether you can prove the elements of your claim and meet procedural deadlines.

This answer explains the difference between criminal and civil cases, what you will need to prove a civil claim, why medical attention still matters, how long you have to file, and practical steps to preserve evidence and protect yourself.

Criminal vs. civil: two different systems

After an assault, there may be two separate processes:

• Criminal prosecution: The state can charge the alleged attacker with an offense (assault, simple assault, or related crimes). This is handled by police and prosecutors. Whether you saw a doctor is not determinative for whether a crime occurred, but police and prosecutors often rely on medical records and visible injuries as evidence.
• Civil lawsuit: You (the victim) can sue the alleged attacker for damages (medical bills, pain and suffering, lost wages, etc.). The standard of proof is lower in civil cases: a preponderance of the evidence (more likely than not), not the higher criminal standard beyond a reasonable doubt.

Elements and evidence in a civil assault/battery claim

New Hampshire recognizes assault/battery and related tort claims as civil causes of action. To win a civil claim you generally must show that the defendant intentionally or negligently caused harmful or offensive contact (or the reasonable apprehension of such contact), and that you suffered harm or loss as a result.

Medical records help, but they are not required. What matters is admissible evidence showing:

• That an assault occurred (statements, photos, video, witness testimony, police report).
• Your injuries or harms (medical records if available, statements about pain, testimony from friends/family, photographs of injuries, receipts for medical treatment or related expenses, pay stubs showing lost wages).
• Link between the assault and your injury (timing, consistent accounts, expert testimony if needed).

Why not going to the hospital can make a case harder — but not impossible

Failing to get immediate treatment does not bar a civil suit, but it can create challenges:

• Damages measurement: Medical records are strong objective proof of injury and treatment costs. Without them, opposing counsel will try to argue your injuries were minor, preexisting, or fabricated.
• Causation disputes: If you delay treatment, the defendant may argue the injury occurred later or was exaggerated.
• Evidence preservation: Early photos and contemporaneous notes are very helpful. If you did not document the injury soon after the event, your memory and evidentiary value can weaken over time.

Statute of limitations and timing

Like every state, New Hampshire limits how long you have to file a civil personal-injury suit. Courts will dismiss claims filed after the deadline unless a recognized exception applies. It’s important to act promptly to protect your legal rights. For New Hampshire statutes and text of laws, see the New Hampshire Revised Statutes Online: https://www.gencourt.state.nh.us/rsa/html/. For court forms and information on protection orders and filing procedures, see the New Hampshire Judicial Branch website: https://www.courts.state.nh.us/.

Practical remedies available in civil cases

If you sue and prevail, possible remedies include:

• Compensatory damages for medical bills, pain and suffering, lost wages, and related costs.
• Punitive damages in rare cases when the defendant’s conduct was especially reckless or malicious.
• Injunctions or restraining orders in contexts involving threats or domestic violence (seek immediate protection from the court or law enforcement if you fear ongoing harm).

What to do now (step-by-step)

1. Get medical attention if you need it now: Even a delayed visit creates medical records linking the assault to your injuries.
2. Document everything: Take dated photos of injuries, preserve torn or bloodied clothing, write a contemporaneous account of the event while details are fresh, and preserve messages or social-media posts.
3. Collect witness information: Get names, phone numbers, and short written statements from anyone who saw the assault or its aftermath.
4. File a police report: A police report is not required for a civil suit but helps preserve an official record.
5. Save receipts and proof of losses: Any out-of-pocket expenses, missed work, or counseling fees should be recorded.
6. Consult a New Hampshire personal-injury attorney: Many attorneys offer free consultations and operate on contingency fees (they collect only if you recover). An attorney can evaluate strength of your case, advise about filing deadlines, and help gather evidence.

For victim services and resources in New Hampshire (including crisis support and information about protection orders), see the New Hampshire Department of Justice victim services page: https://www.doj.nh.gov/criminal/victim-services/.

Bottom line: You can bring a civil lawsuit for assault in New Hampshire even if you did not go to the hospital immediately. But medical records and prompt documentation make proving damages and causation much easier. Act quickly to preserve evidence and consult a New Hampshire attorney to learn your options and deadlines.

Disclaimer: I am not a lawyer. This information is educational and does not constitute legal advice. For advice tailored to your situation, consult a licensed attorney in New Hampshire.

Helpful Hints

• Write down your memory of the event the same day, including times, locations, what was said, and any witnesses.
• Take multiple photographs from different angles and keep the original media files (phones often embed timestamps).
• If you decide not to see a doctor immediately, consider getting a medical exam within a few days—many injuries (soft tissue, concussion, internal bruising) can be documented later.
• Ask police for a copy of any incident report and note the report number and officer’s name.
• Preserve clothing and physical evidence in a paper bag (not plastic) and avoid washing stains that might be forensic evidence.
• Keep a damages diary recording pain levels, emotional effects, daily limitations, missed work, and related expenses.
• Be cautious posting graphic details or photos of the incident on social media—those posts can be used by the other side in court.
• If you fear immediate danger, call 911 and seek a protective order through the court system; information and forms are available at the New Hampshire Judicial Branch: https://www.courts.state.nh.us/.
• Contact a local attorney early. Even a short consultation can clarify your statute-of-limitations timeline and next steps.