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Short answer: After an assault in North Dakota, you should (1) get safe and get medical care, (2) document and preserve evidence, (3) report the incident to police, (4) consider both a criminal report and a civil claim (tort) for money damages, (5) contact an attorney promptly to protect your rights, and (6) file a civil lawsuit in the appropriate court before time limits expire. This article explains each step, what to expect in a civil assault claim in North Dakota, and links to state resources.

Detailed answer — step by step

1. Immediate safety and medical care

Your first priority is safety. Seek medical attention even for injuries that seem minor. Medical records are critical evidence: they document injuries, treatment, diagnoses, and lost function. Ask for copies of all records, test results, photographs of injuries on arrival, and billing statements.

2. Report the incident to law enforcement

Call police or go to the local law enforcement agency to make a report. A police report supports both criminal prosecutions and civil claims. Note the reporting officer’s name and report number and obtain a copy of the report when available.

3. Preserve evidence and collect information

• Take and keep photos of injuries, clothing, scene, and property damage.
• Write down your own contemporaneous account while memories are fresh (who, what, when, where, sequence of events).
• Gather contact details for witnesses and ask them for written or recorded statements if they agree.
• Keep all medical bills, receipts, paystubs showing lost wages, and any communications (text, social media, email) related to the assault.

4. Understand the types of civil claims you can bring

In North Dakota, the common civil claims arising from an assault include:

• Assault and battery (intentional torts): A civil assault/battery claim seeks damages for intentionally harmful or offensive contact or the reasonable apprehension of such contact.
• Intentional infliction of emotional distress: When conduct is extreme and outrageous and causes severe emotional harm.
• Negligence or premises liability: If a third party (property owner, business, or employer) failed to take reasonable steps to protect you and that failure contributed to the assault.
• Vicarious liability: An employer or another entity may be responsible for the attacker’s actions in some circumstances.

Civil claims are separate from criminal charges. A prosecutor decides whether to charge someone criminally; you can still bring a civil lawsuit even if prosecutors decline to charge or if a criminal case ends differently. The civil burden of proof is lower (preponderance of the evidence).

5. Time limits — act promptly

Civil lawsuits must be filed within statutory limitation periods. Time limits vary by claim type. To find the specific deadline that applies to your case, check the North Dakota Century Code Title on limitation of actions and seek legal advice immediately so you do not lose your right to sue. The North Dakota Century Code is available at: https://www.legis.nd.gov/cencode. Also check the North Dakota court website for procedural rules and forms: https://www.ndcourts.gov/.

6. Pre-suit steps — demand and insurance notice

Before or after filing suit you (or your attorney) often:

• Send a written demand letter explaining your injuries and damages and requesting settlement.
• Notify relevant insurers (the attacker’s auto or homeowners insurer, or a business’s liability insurer) and preserve evidence by sending spoliation-preservation letters when appropriate.
• Attempt negotiation or mediation. Many cases resolve without a trial.

7. Filing the lawsuit

If you cannot settle, your attorney will file a complaint in the appropriate North Dakota court (typically district court for personal injury cases). The complaint names defendants, explains facts and legal claims, and requests damages and other relief. The defendant must then be served with the complaint and summons.

8. Discovery, motions, and trial

Both sides exchange information through discovery (written questions, document requests, depositions). Parties may file motions (to dismiss, for summary judgment). Many cases settle during discovery; if not, the case proceeds to trial where a judge or jury decides liability and damages.

9. Damages and compensation

You can seek compensation for economic losses (medical bills, future medical care, lost earnings), non‑economic losses (pain and suffering, emotional distress), and in some cases punitive damages if the attacker’s conduct was especially malicious. The availability and amount of damages depend on the facts and governing law.

10. Enforcement of judgment

If you obtain a judgment and the defendant does not pay, additional legal steps may be necessary to collect (garnish wages, levy accounts, place liens). An attorney can advise on enforcement options.

Frequently asked FAQs within this topic

Do I need a lawyer?

If injuries are minor and damages small, you may manage an insurance claim or small-claims action yourself. For serious injuries, complicated liability, multiple defendants, or if you are unsure about the statute of limitations or how to preserve evidence, consult a lawyer. A lawyer can evaluate your claim, send appropriate demand letters, handle discovery, and maximize recovery.

What if the person who assaulted me is charged criminally?

Criminal prosecution is separate from your civil claim. A conviction can help your civil case (by establishing facts), but the civil standard is different and you can pursue civil damages whether or not the criminal case results in a conviction.

Will I have to go to trial?

Most civil assault claims in North Dakota settle before trial. Your attorney can negotiate and may use mediation to reach a resolution. If settlement fails, be prepared to take the case to trial.

Helpful hints

• Act quickly. Preserve evidence and contact an attorney early to protect time-sensitive rights.
• Get and keep all medical documentation; ask your provider to record that injuries resulted from an assault.
• Save all receipts and records of out-of-pocket expenses and lost income.
• Ask witnesses for written statements and contact details soon after the incident.
• Do not delete texts, social media posts, photos, or videos related to the incident.
• Do not discuss the details of your claim on social media; posts can be used against you in court.
• Keep a daily log of physical symptoms, emotional effects, and treatment progress.
• If the assault happened on business property, report it to management and request incident reports in writing.
• If you are contacted by the other party’s insurer, carefully consider getting legal advice before providing recorded statements or signing releases.