Bringing a Civil Claim After an Assault in New Hampshire: Step-by-Step FAQ
Disclaimer: This information is educational only and is not legal advice. Consult a licensed New Hampshire attorney about your situation before taking legal action.
Detailed Answer — What steps you need to take
If someone assaulted you in New Hampshire, you may have two separate courses of action: a criminal case (brought by the state) and a civil case (brought by you to recover money or other relief). This article focuses on the civil claim. A civil claim for assault typically alleges intentional torts (assault and/or battery) and may also include related claims such as negligence, intentional infliction of emotional distress, or property damage.
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Prioritize safety and immediate documentation
Seek medical attention for injuries and keep records of all treatment. If you are in danger, call 911 or local police first. Medical records, photos of injuries, clothing, and contemporaneous notes about what happened are critical evidence.
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Report the incident to police and get the report
Filing a police report preserves an official record and may help establish facts and witnesses. Request a copy of the police report or the incident number. If the state brings criminal charges, that record can also support your civil case.
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Preserve and gather evidence
Collect and preserve evidence: photographs, surveillance video, witness contact information, medical bills, pay stubs for lost wages, and any communications (texts, emails, social posts) related to the assault. Keep original items when possible and make backups of digital records.
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Understand the types of civil claims you can bring
Common civil claims after an assault include:
- Assault (placing someone in reasonable fear of an imminent harmful or offensive contact).
- Battery (intentional harmful or offensive physical contact).
- Intentional infliction of emotional distress (extreme and outrageous conduct causing severe emotional harm).
- Negligence or premises liability (if a property owner’s failure contributed to the assault).
- Claims for related losses: medical bills, lost wages, pain and suffering, and in some cases punitive damages.
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Know time limits — act promptly
Statutes of limitations limit how long you have to start a civil lawsuit. Time limits vary by claim. Acting quickly preserves your legal options and evidence. For New Hampshire statutes and more detail, see the New Hampshire Revised Statutes Annotated and the state court self-help pages linked below.
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Talk with a lawyer about your case and options
An attorney experienced in New Hampshire personal-injury and intentional-tort cases can assess liability, damages, and possible defenses. A lawyer can also explain court venues, whether small-claims court is appropriate, and the likely value of your case. If finances are a concern, ask about contingency-fee arrangements (where the lawyer is paid from any recovery).
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Try to resolve the case before filing
Many assault-related civil claims end in a settlement. Your lawyer can send a demand letter outlining damages and a proposed resolution. Settlement can be faster and less expensive than litigation, but you should weigh all terms (including confidentiality and release language) before agreeing.
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File a complaint if you cannot settle
If settlement fails, your lawyer will prepare and file a civil complaint in the appropriate New Hampshire court. The complaint starts the lawsuit and sets out your claims and requested relief. After filing, the defendant must be served with the complaint and summons according to court rules.
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Discovery, motions, and preparation for trial
Both sides exchange evidence during discovery (written questions, document requests, depositions). Either side may file motions to resolve legal disputes before trial. Your lawyer prepares you for depositions and trial testimony and negotiates evidence and witness strategy.
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Trial, judgment, and collection
If the case goes to trial, a judge or jury will decide liability and damages. If you obtain a judgment, collecting money can require post-judgment procedures (garnishment, liens, or settlement negotiations). Your lawyer can explain collection options under New Hampshire law.
Where to find authoritative New Hampshire resources
- New Hampshire Judicial Branch — Civil Self-Help and Forms: https://www.courts.state.nh.us/selfhelp/
- New Hampshire Revised Statutes (RSA) — searchable statute index: https://www.gencourt.state.nh.us/rsa/html/indexes/default.html
- New Hampshire Department of Justice — Victim & Witness Services: https://www.doj.nh.gov/criminal/victim-witness/index.htm
- Find a New Hampshire lawyer — New Hampshire Bar Association public resources: https://www.nhbar.org/public-resources/find-a-lawyer/
Helpful Hints
- Act quickly. Evidence fades, witnesses move, and legal time limits may bar your case if you wait.
- Keep a single incident file — photos, medical bills, police report, witness contact info, and notes on conversations about the case.
- Don’t wait for the criminal case to finish before starting civil discussions. Civil and criminal cases are separate; you can pursue both simultaneously.
- Preserve digital evidence immediately — download videos, back up messages, and screen-capture social posts before they are removed.
- Get written estimates for property damage and keep receipts for out-of-pocket expenses (transportation, therapy, replacement items).
- Be cautious about speaking publicly or posting details on social media. Those statements can be used by the defense.
- If the other party has limited assets or no insurance, discuss collection options and the practical value of a lawsuit with your lawyer before filing.
- If you are a victim of a violent crime, contact victim services for counseling, compensation programs, and court support services.
Starting a civil claim after an assault involves careful evidence preservation, an understanding of possible legal claims and damages, and adherence to procedural rules. Consult a New Hampshire attorney to evaluate the specifics of your situation and to ensure you meet all legal deadlines and procedural requirements.
Reminder: This article is for general informational purposes only and is not a substitute for legal advice from a licensed attorney.