Disclaimer: This article provides general information about Nevada civil claims after an assault. It is not legal advice. Consult a licensed Nevada attorney about your specific situation.
Detailed Answer
If someone assaulted you in Nevada and you want to pursue a civil claim, you must follow several practical and legal steps. Civil claims are separate from any criminal case. The civil aim is compensation (and sometimes punitive damages), while the criminal case seeks punishment. Below are the key steps and what to expect at each stage.
- Get medical attention immediately.
Document injuries and treatment. Medical records are essential evidence for damages such as medical costs, scarring, pain and suffering, and lost wages.
- Report the incident to law enforcement.
Ask for a copy of the police report or the report number. A police report supports your version of events and can be used in civil litigation. Criminal charges, if filed, are separate from your civil case but may strengthen your claim.
- Preserve evidence and identify witnesses.
Keep photos of injuries, torn clothing, broken items, messages, and any video. Write down everything you remember while it is fresh. Get contact information for witnesses and preserve their statements if possible.
- Understand the legal claim you will bring.
Common civil claims after an assault include assault (attempted or apprehension of harmful contact) and battery (unconsented harmful or offensive contact). You may also have related claims such as intentional infliction of emotional distress or premises liability if the assault occurred on someone else’s property.
- Know and meet the statute of limitations.
In Nevada, actions for personal injuries generally must be filed within two years from the date of injury. See Nevada Revised Statutes, NRS 11.190. File before the statute of limitations expires or you may lose the right to bring the claim. (Statute text: NRS 11.190.)
- Decide where to file.
Serious injury claims usually go to Nevada District Court. Smaller claims may be appropriate for a Justice Court or small-claims forum depending on the amount sought. If you are uncertain which court is proper, consult an attorney or contact your local courthouse. Nevada’s court system information: nvcourts.gov.
- Prepare and file the complaint.
An attorney prepares a complaint (the document that starts a lawsuit) that explains who the defendant is, what they did, and the damages you seek. Once filed, the defendant must be properly served with the complaint and summons according to Nevada rules.
- Discovery, negotiation, and alternative dispute resolution.
Both sides exchange evidence through discovery (written questions, document requests, and depositions). Many cases settle before trial. Courts and parties often use mediation to try to reach an agreement.
- Trial and judgment.
If you can’t settle, the case proceeds to trial. A judge or jury decides liability and damages. If you obtain a judgment, you will need to pursue collection if the defendant does not pay voluntarily (garnishment, liens, and other post-judgment remedies may apply).
What damages can I recover?
You can typically seek compensatory damages: medical expenses, future medical care, lost income, loss of earning capacity, physical pain and suffering, and emotional distress. In cases involving malicious or particularly egregious conduct, Nevada courts may award punitive damages to punish the wrongdoer and deter similar conduct.
How do criminal proceedings affect my civil case?
A criminal conviction can be powerful evidence for your civil claim, but it is not required to bring a civil case. Civil claims use a lower proof standard (“preponderance of the evidence”) than criminal cases (“beyond a reasonable doubt”). You can pursue both criminal and civil remedies at the same time.
Helpful Hints
- Seek medical care right away and keep all medical bills and records.
- Get the police report number and obtain a copy as soon as possible.
- Preserve photographs, videos, clothing, and other physical evidence.
- Write a contemporaneous account of the incident and list witness contact information.
- Do not post social media updates about the incident or injuries; defense attorneys may use those posts against you.
- Act before the statute of limitations runs. See NRS 11.190 for Nevada’s general time limits for personal-injury suits.
- Consider a demand letter before filing suit—sometimes the responsible party will negotiate a settlement early.
- Contact the State Bar of Nevada or a local lawyer-referral service to find an attorney if you cannot afford one initially; many lawyers offer free consultations and contingency-fee arrangements for injury claims.
- If you face immediate danger from the assailant, seek emergency help and ask the court or police about protective orders.
Finding the right attorney can change the outcome of a civil assault claim. An attorney can evaluate your facts, explain applicable Nevada law, preserve deadlines, and negotiate or litigate on your behalf.
Again, this information is educational only and does not substitute for a consultation with a licensed Nevada attorney.