Answer (FAQ-style)
Overview — what a civil claim does and who can file
If you were physically attacked, you can pursue a civil claim to recover money damages for medical bills, lost wages, pain and suffering, emotional distress, and sometimes punitive damages. A civil claim is separate from any criminal case the State brings. The injured person (the plaintiff) sues the person who caused the harm (the defendant). If the incident involved a family member or intimate partner, you may also have routes to protective orders; those are different from a typical personal-injury lawsuit.
Step-by-step: how to prepare and bring a civil claim in New Jersey
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Get medical care and document your injuries.
Seek immediate medical attention. Keep all medical records, bills, prescriptions, imaging, and a written record of ongoing symptoms. These documents create the causal link between the assault and your damages.
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Report the incident to police and get a copy of the report.
Filing a police report preserves an official record. Request and keep a copy or the incident/report number. Criminal charges do not need to be filed for you to bring a civil claim, but the police report and criminal filings (if any) are often important evidence.
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Preserve physical and digital evidence.
Save clothing, shoes, photographs of injuries and the scene, torn items, and anything else tied to the event. Preserve text messages, social media posts, voicemail, and video. Write a dated account of what happened as soon as you can while details remain fresh.
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Identify witnesses and collect contact information.
Names, phone numbers, and short notes about what each witness saw will speed investigation and help your lawyer or the court contact them later.
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Understand the time limit to sue (statute of limitations).
New Jersey limits how long you have to start a civil action for personal injury, including intentional torts like assault. The general personal-injury limitation is two years from the date of the injury. See N.J. Stat. Ann. 2A:14-2 for the controlling limitation period (New Jersey Legislature: https://www.njleg.state.nj.us/). Start early — missing this deadline can end your right to sue.
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Decide the court and filing route.
Smaller claims may be handled in the Special Civil Part (small claims and lower-dollar civil matters); larger personal-injury suits normally start in the Law Division of the Superior Court. The New Jersey Courts self-help pages explain filing steps and forms: Special Civil Part & filing.
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Prepare and file a complaint (the lawsuit document).
If you file without a lawyer, the court clerk will explain filing fees and local rules. The complaint sets out the facts, legal basis (assault, battery, negligence, intentional infliction of emotional distress), and the damages you seek. After filing, the defendant must be served proper legal notice.
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Exchange information and evidence (discovery) and pursue settlement or trial.
Both sides typically exchange documents, witness lists, and take depositions. Many cases settle before trial through negotiation or mediation. If settlement fails, the case proceeds to trial where a judge or jury decides liability and damages.
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Collecting a judgment.
If you win, collection may require additional steps (garnishment, liens, or other collection procedures) depending on the defendant’s ability to pay.
Types of damages you can pursue
- Economic damages: medical expenses, lost income, future medical care.
- Non‑economic damages: pain and suffering, emotional distress, loss of enjoyment of life.
- Punitive damages: in cases of intentional wrongdoing or extreme recklessness, extra damages may be available to punish the defendant and deter similar conduct.
When to consider a protective or restraining order
If you fear future harm, you can seek civil protection. For intimate partners or household members, New Jersey provides domestic violence remedies (restraining orders) through Family Court. The New Jersey Courts offer guidance for victims of domestic violence and emergency protective orders: Domestic violence resources. For non‑domestic threats, contact police to discuss emergency protection options.
Practical tips to protect your claim
- Act quickly. Preserve evidence and contact police and medical providers right away.
- Keep a contemporaneous diary of symptoms, treatment, missed work, and interactions about the event.
- Do not post detailed accounts, photos, or opinions about the incident on social media; the other side can use those posts against you.
- Save receipts and records for any expenses tied to the assault (transportation, property damage, counseling).
How a lawyer can help
An attorney can evaluate the strength of your claim, preserve evidence, conduct discovery, advise about settlement value, and represent you at trial. Many injury lawyers handle assault-related civil matters on contingency (they collect a fee only if you recover). To find counsel or a referral, consider the New Jersey State Bar Association or local county bar referral services.
Helpful Links and Resources
- New Jersey Legislature (statutes and research): https://www.njleg.state.nj.us/ — see N.J. Stat. Ann. 2A:14-2 for the statute of limitations on personal-injury claims.
- New Jersey Courts — Self-Help and Special Civil Part (filing and forms): https://www.njcourts.gov/selfhelp/specialcivilpart.html
- New Jersey Courts — Domestic Violence resources: https://www.njcourts.gov/selfhelp/dv.html
- Victim and witness services (New Jersey Office of the Attorney General): https://www.nj.gov/oag/dcj/victimservices/
- New Jersey State Bar Association (lawyer referral): https://www.njsba.com/
Helpful Hints
- Start collecting evidence immediately; the best evidence is often perishable.
- File within the statute of limitations — two years is the standard limitation for personal-injury claims in New Jersey (see N.J. Stat. Ann. 2A:14-2).
- Keep all medical and wage documentation together; that information drives settlement value.
- Ask the police for a victim-witness advocate if you need help navigating criminal and civil processes.
- Be cautious about communications with the person who harmed you or their insurer; refer them to your lawyer once you retain one.