Short answer
Yes. You can usually bring a civil claim for an assault or battery even if you did not go to the hospital. Medical treatment is helpful evidence of injury, but it is not a legal requirement to file a lawsuit. Rhode Island law lets a person pursue compensation for physical injury, emotional harm, and other losses that arise from an intentional harmful act.
Detailed Answer — what the law allows and how it works in Rhode Island
There are two separate legal paths when someone is attacked: criminal prosecution (brought by the state) and a civil lawsuit (brought by the injured person). Not going to the hospital affects evidence and damages, but it does not generally prevent a civil case.
Types of civil claims
- Battery — a deliberate, unpermitted touching that causes harm or offense.
- Assault — an act that places a person in reasonable fear of an immediate harmful or offensive contact.
- Related claims — intentional infliction of emotional distress, negligent infliction of emotional distress, or related torts may apply depending on the facts.
Burden of proof
In a civil case the plaintiff must prove the claim by a preponderance of the evidence (more likely than not). This is a lower standard than in criminal law, which requires proof beyond a reasonable doubt.
Damages you can seek
- Compensatory damages: medical expenses (if any), future medical care, lost wages, property damage.
- Pain and suffering: physical pain and emotional distress.
- Punitive damages: possible in cases of particularly malicious or egregious conduct.
- Nominal damages: small monetary award when a legal right was violated but no measurable loss occurred.
Impact of not seeing a doctor
Not getting medical treatment does not bar a claim, but it can make it harder to document injuries and calculate damages. Courts and juries often rely on medical records, expert testimony, and objective proof of injury. If no formal medical record exists, other evidence can still support a claim:
- Photographs of injuries taken soon after the incident.
- Witness statements and testimony (friends, bystanders, coworkers).
- Police reports or 911 call records.
- Diary entries, text messages, or emails describing symptoms or how the injury affected daily life.
- Clothing or other physical evidence (torn clothing, damaged personal property).
Time limit to file: statute of limitations
Rhode Island sets time limits for bringing civil claims for personal injury. Generally, actions for injuries to the person must be started within three years from the date of the injury. See the Rhode Island statute on limitation of actions for personal injuries: R.I. Gen. Laws § 9-1-14. Missing the deadline usually prevents the court from hearing the case.
Criminal reporting vs. civil filing
Filing a police report and pursuing criminal charges are separate from filing a civil lawsuit. Even if prosecutors decline to file criminal charges, you can still bring a civil case. Conversely, a civil lawsuit can proceed while criminal charges are pending, although parties sometimes postpone parts of a civil case until the criminal case concludes.
Common defenses you may face
- Self-defense or defense of others.
- Consent (consensual contact, often argued in sports or mutual fights).
- Lack of intent (relevant to intentional torts).
- Disputes about severity or causation of injuries.
Practical next steps
- Preserve any physical evidence (photos, clothing, messages).
- Take dated photographs of injuries and the scene as soon as possible.
- Obtain and keep a copy of any police report.
- Consider getting a medical evaluation even later — records created after the incident can still be helpful.
- Write down a detailed account while your memory is fresh and identify witnesses.
- Talk to a civil attorney about strengths, weaknesses, and likely damages in your case.
For general court information and self-help resources in Rhode Island, see the Rhode Island Judiciary: www.courts.ri.gov.
Helpful Hints
- Act quickly: statute of limitations can bar a claim after a few years — typically three years in Rhode Island (R.I. Gen. Laws § 9-1-14).
- Medical records strengthen claims — even a later exam helps show lingering injuries.
- Document everything: photos, witness names, dates, times, and exactly what happened.
- File a police report if appropriate — it creates a contemporaneous record.
- Don’t wait for criminal outcomes to explore civil options; consult an attorney early.
- Ask the lawyer about fees and whether they handle assault/battery cases on contingency (paid from any recovery).
- Consider non‑legal remedies when appropriate: protective orders, workplace complaints, or victim services.
How an attorney can help
An attorney can evaluate evidence, advise on likelihood of success, send demand letters, negotiate settlements, and file and manage litigation. They can also help preserve evidence, locate witnesses, and arrange for medical or expert evaluations to support the claim.