FAQ: Civil Remedies After an Assault Under Ohio Law

This FAQ explains the typical civil steps someone in Ohio should take after an assault. It assumes no legal background. It describes evidence collection, possible legal claims, courtroom basics, deadlines, and practical next steps.

Short disclaimer

Not legal advice: This is educational information only. It is not legal advice and does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Ohio attorney.

1. First steps after an assault (safety and evidence)

1. Ensure safety. Get to a safe place. If you are in immediate danger, call 911.
2. Get medical care. Seek medical attention even if injuries seem minor. Medical records document injuries and causation.
3. Report to police. File a police report so there is an independent record. Criminal charges are separate from civil claims, but the report and any criminal-filed evidence can help a civil case.
4. Preserve evidence. Keep clothing, shoes, phones, and anything involved in the event. Take time-stamped photos of injuries, locations, and property damage. Write down everything you remember as soon as possible.
5. Collect witnesses. Get names and contact information for anyone who saw the incident. Ask if they will provide a written or recorded statement later.

2. What civil claims might be available in Ohio?

Under Ohio law you can often bring a civil lawsuit based on one or more of these theories:

• Intentional torts: Assault (attempt or threat creating apprehension) and battery (unlawful offensive contact). These are civil claims separate from criminal statutes like Ohio’s assault statute. See the criminal statute for the definition of assault here: Ohio Rev. Code § 2903.13.
• Negligence: If the assault stemmed from a negligent circumstance (for example, inadequate security on private property), you may have a negligence or premises-liability claim.
• Employer or property owner liability: If an employer, bar, or property owner contributed to the situation (negligent hiring, supervision, or premises security), they may be vicariously or directly liable.
• Other statutory remedies: In some situations, civil protection orders or other statutory claims may be available.

3. Deadlines — statute of limitations

Time limits to file suit are critical. In Ohio, the general statute of limitations for personal injury and most assault-related civil claims is two years from the date of injury. See Ohio Rev. Code § 2305.10: https://codes.ohio.gov/ohio-revised-code/section-2305.10. Missing this deadline usually prevents you from bringing a civil case, so act promptly.

4. How a civil case usually proceeds (step-by-step)

1. Consult an attorney. Many personal injury lawyers offer free consultations and work on contingency (they are paid a percentage of recovery). A lawyer can evaluate claims, responsible parties, and likely compensation.
2. Demand and negotiation. Before filing suit, your attorney often sends a demand letter asking the defendant (or their insurer) to pay to resolve the claim.
3. File a complaint. If settlement fails, your attorney files a complaint in the appropriate Ohio trial court (municipal, county, or common pleas court depending on the amount and parties).
4. Service of process. The defendant must be served with the complaint and summons.
5. Discovery. Both sides exchange evidence: written questions (interrogatories), document requests, and depositions (out-of-court sworn testimony).
6. Settlement, mediation, or trial. Many cases settle before trial. If not, the case proceeds to trial where a judge or jury decides liability and damages based on the preponderance of evidence standard.
7. Judgment collection. If you obtain a judgment, additional steps may be required to collect money (liens, garnishments, or seizure procedures).

5. Types of damages you can seek

• Medical expenses (past and future)
• Lost wages and lost earning capacity
• Pain and suffering and emotional distress
• Property damage
• Punitive damages in limited circumstances (when conduct is especially reckless or malicious)

6. Burden of proof and evidence

In civil cases you must prove your claim by a preponderance of the evidence (more likely than not). Useful evidence includes medical records, photos of injuries and the scene, the police report, eyewitness statements, surveillance video, and expert testimony where appropriate.

7. Practical tips to strengthen your case

• Keep a journal describing pain, limitations, and emotional impacts day-to-day.
• Preserve original documents and maintain a dedicated folder for bills, receipts, and records.
• Follow medical advice and keep appointment records; missed treatment can hurt credibility and recovery amounts.
• Do not post detailed descriptions, admissions, or photos about the incident on social media; opposing counsel may use them.
• Ask the hospital or clinic for copies of all records and imaging; these are key to proving injuries.

8. When you might need an attorney

Consider hiring an attorney if any of the following apply:

• Significant injuries or ongoing medical care
• Potential long-term disability or lost earnings
• Complicated liability issues (business, security, intoxication)
• Multiple defendants or insurance coverage disputes
• If you face a lawsuit counterclaim

An attorney experienced with Ohio civil tort law can evaluate claims, identify defendants, preserve evidence, calculate damages, negotiate with insurers, and represent you at trial.

9. Costs, fees, and compensation

Many personal injury attorneys work on contingency—meaning they advance costs and receive a percentage of any recovery. Understand the fee agreement and who pays case costs if you lose. In Ohio, fee-shifting (getting attorney fees from the other side) happens only when a statute or contract provides for it.

10. Next steps checklist

1. Get medical care and document injuries.
2. File a police report and get a copy.
3. Preserve clothing, photos, and any physical evidence.
4. Collect witness names and contact information.
5. Contact an Ohio personal injury attorney for a consultation—do not delay because of the two-year deadline under Ohio Rev. Code § 2305.10.

Helpful hints

• Act quickly — statute of limitations is short. See Ohio Rev. Code § 2305.10.
• Police reports and medical records are among the strongest evidence for civil cases.
• Even if the police do not arrest the assailant, you may still have a civil remedy.
• Preserve digital evidence such as text messages, social media posts, and photos; create backups.
• Ask about contingency-fee arrangements to avoid up-front legal fees.
• If safety is ongoing, ask the police about protective options and your local court about civil protection orders.

If you want, I can help you find Ohio attorneys or explain what questions to ask during a consultation.