Detailed answer — criminal vs. civil claims and what matters if you didn’t seek immediate medical care

Yes — not going to a hospital right after an assault does not necessarily prevent you from pursuing remedies in Oregon. There are two separate legal paths that matter: a criminal case (brought by the state) and a civil lawsuit (a private claim for money damages). Each path has different rules and evidence needs.

1) Criminal charges

The state (district attorney) brings criminal assault charges. A hospital report is useful but not required. Police can take a report, collect witness statements, obtain photos or video, and seek other medical records if you later see a provider. Prosecutors often proceed even if the victim did not go to the hospital, especially where other evidence exists.

For the statutory framework on assault and related offenses, see Oregon’s criminal statutes in ORS Chapter 163: ORS Chapter 163 (Crimes).

2) Civil lawsuit (tort for assault/battery)

You can sue the person who assaulted you for damages (medical costs you later incur, lost wages, pain and suffering, and sometimes punitive damages). A civil case is independent of any criminal case. You do not have to have gone to a hospital at the time of the assault to file — but evidence of harm helps your claim.

What kind of evidence matters if you didn’t go to the hospital?

• Photos and video of your injuries, the scene, or the other person.
• Witness statements and contact info for witnesses.
• Any later medical records if you seek treatment afterward (even a delayed clinic visit is important).
• Police reports and 911 call records.
• Text messages, emails, social media posts, or any admission by the assailant.
• Pay stubs or employer records showing lost time from work.
• Receipts for out-of-pocket expenses (medication, counseling, transportation).

Delay in treatment: does it hurt my case?

Delay can create questions for the other side about whether the injuries were caused by the assault and about the severity of those injuries. Courts and insurers expect reasonable explanations for delay — for example, no immediate severe pain, fear of the assailant, lack of insurance, or seeing a primary care provider later. A prompt forensic or medical exam is best when possible, but later documentation still helps preserve your claim.

Time limits (statute of limitations)

Oregon imposes deadlines for filing civil claims. Deadlines vary by claim type and facts. To find Oregon’s timing rules, see ORS Chapter 12 (Actions and Limitations): ORS Chapter 12. Missing the deadline can bar a lawsuit, so consult an attorney quickly.

Practical steps to take if you were assaulted but did not go to the hospital

1. Report the incident to police and ask for a case number and copies of the report.
2. Take dated photos of your injuries and the scene as soon as possible.
3. Get contact information from witnesses and preserve any digital evidence (texts, photos, videos).
4. See a medical provider even after a delay — document your injuries in the medical record.
5. Preserve clothing and other physical evidence in a clean paper bag (avoid washing it).
6. Talk to an Oregon attorney about criminal and civil options. Many attorneys offer free or low-cost initial consultations.

Possible outcomes

Criminal: The state may file charges if it believes it can prove the crime beyond a reasonable doubt. Victims often have a role in the process but do not control prosecution decisions.

Civil: You may recover money for medical bills, lost income, pain and suffering, and related losses if you prove the defendant’s liability by a preponderance of the evidence (more likely than not).

When to get legal help

Contact an attorney if you want to pursue a civil claim, if the police decline to charge and you want legal advice, or if you need help preserving evidence. An attorney can explain likely damages, timelines, and whether insurance (yours or the defendant’s) might cover losses.

Helpful Hints

• Document everything immediately — dates, times, locations, people, and what happened.
• Even if you didn’t go to the hospital, a clinic visit, urgent care, or primary care note adds strong evidence.
• Make a copy of any police report; you can often request it online or from the local law enforcement agency.
• Preserve digital evidence: save screenshots, back up videos, and don’t edit or crop originals.
• Act quickly around deadlines. Oregon’s action-time rules are in ORS Chapter 12: ORS Chapter 12.
• Contact local victim-advocate programs for emotional support and help navigating the criminal process.
• Ask an attorney whether the case might be covered by the assailant’s homeowner, renter, or auto insurance.
• Keep a written log of pain, emotional effects, medical visits, and expenses to support damages claims.