Overview — How civil claims for assault work in New York

In New York the idea of an “assault” appears in both criminal law and civil tort law. Criminal assault is defined in the Penal Law (see, for example, N.Y. Penal Law § 120.00 et seq.). A civil claim for assault (or battery, or related torts like intentional infliction of emotional distress or negligence) is brought in civil court and uses different rules and standards than a criminal prosecution.

Criminal statutes: you can read basic criminal definitions at N.Y. Penal Law § 120.00 and related sections: https://www.nysenate.gov/legislation/laws/PEN/120.00.

Can you sue if you never went to the hospital?

Yes. Going to the hospital is not a requirement for filing a civil lawsuit. What matters in a civil case is proving that the defendant caused you harm (or apprehension of harm), and proving damages. Courts decide civil claims by a preponderance of the evidence (more likely than not), which is a lower standard than the “beyond a reasonable doubt” standard used in criminal cases.

Not going to the hospital can make the case more challenging because medical records are persuasive evidence of injury and causation. However, other forms of evidence can support your claim, such as:

• Photographs of injuries, bruises, scratches, or the scene taken soon after the incident.
• Sworn statements or testimony from eyewitnesses.
• A police report or 911 call logs.
• Later medical records from a doctor, urgent care, or mental-health professional documenting symptoms.
• Paystubs or employer statements showing lost wages if you missed work.
• Receipts for treatment, prescriptions, or rehabilitation you obtained later.

Common civil claims you might consider

Depending on the facts, a civil suit might include one or more of the following causes of action:

• Intentional tort — assault (placing someone in reasonable fear of imminent harmful or offensive contact) and battery (actual harmful or offensive contact).
• Intentional infliction of emotional distress — if the conduct was extreme and caused significant emotional harm.
• Negligence — if the harm arose from careless behavior rather than intentional conduct.
• Claims for related losses — medical expenses, lost earnings, pain and suffering, and property damage.

Statute of limitations — timing matters

In New York most personal-injury claims (including many assault-related civil suits) must be started within three years of the incident. That deadline is found in the state civil practice rules: see N.Y. Civil Practice Law & Rules (CPLR) § 214. If you miss the deadline your claim is likely barred.

Statute text and details: https://www.nysenate.gov/legislation/laws/CPLR/214.

How evidence can make up for a lack of hospital records

If you did not seek emergency care, focus on collecting other proof quickly:

• Take time-stamped photos of visible injuries and the location where the incident happened.
• Ask witnesses for written statements or contact information so a lawyer or investigator can interview them later.
• File a police report. A police report and any 911 audio can be persuasive in court even when medical records are absent.
• See a doctor, urgent care, or mental-health professional as soon as possible. Even delayed medical documentation strengthens your claim and shows the persistence of symptoms.
• Keep clothing, shoes, or objects involved in the incident in safe condition — they can be physical evidence.

Criminal reporting and protective orders — separate options

You may also report the incident to police even if you did not go to the hospital. The district attorney decides whether to prosecute criminally; your decision to sue civilly is independent of criminal cases. Criminal cases can help a civil claim (convictions are strong evidence), but prosecutors sometimes decline charges even when a civil claim could succeed.

If you fear future harm, you may also seek court orders of protection (orders of protection are available through Family Court or as part of a criminal proceeding depending on the relationship and facts).

Example hypothetical to illustrate

Imagine you were shoved during a bar dispute but did not feel seriously hurt, so you left and did not go to the ER. The next day you develop persistent neck pain and a large bruise appears. You later photograph the bruise, see a doctor who records your injuries, get a copy of the bar’s incident log and a witness statement from a friend who saw the shove. With those records you could likely bring a civil claim for assault or battery and seek medical expenses, lost wages, and pain and suffering.

How to proceed — practical steps

1. Preserve evidence: photos, clothing, messages, witness contact info, and any recordings.
2. Report the incident to law enforcement and get a copy of the report if possible.
3. Seek medical attention or at least a medical evaluation as soon as you can and keep all records and bills.
4. Document lost work time and out-of-pocket expenses.
5. Talk to a civil attorney experienced in personal-injury/assault cases. Many offer free consultations and contingency arrangements (they get paid from a settlement or award).
6. Act quickly — remember the three-year statute of limitations for most personal-injury suits in New York (CPLR § 214).

Helpful resources

• New York Penal Law (assault definitions): https://www.nysenate.gov/legislation/laws/PEN/120.00
• CPLR § 214 — statute of limitations for personal injury: https://www.nysenate.gov/legislation/laws/CPLR/214
• New York Office of Victim Services — financial assistance and victim support: https://ovs.ny.gov/

Helpful Hints

• Do not delay evidence collection — photos and witness contacts are time-sensitive.
• Even if injuries seem minor at first, get examined. Some injuries show or worsen later; prompt documentation is valuable.
• File a police report for safety and record-keeping even if you plan a civil suit.
• Keep a written timeline of events you can refer to later — dates, times, what was said and done.
• Ask about victim resources (OVS) and local advocacy programs that can help with immediate needs.
• Meet with a civil attorney to learn the strengths and weaknesses of your possible claim. Many attorneys offer free or low-cost initial consults.