Disclaimer: This is general information only and is not legal advice. Consult a licensed South Carolina attorney about the specifics of any incident before making legal decisions.
Detailed Answer — Step-by-step guide to bringing a civil claim after an assault in South Carolina
If you or someone you care about was assaulted, you can often bring a civil claim (a lawsuit) to recover damages like medical bills, lost wages, and pain and suffering. A civil claim is separate from any criminal case. Below are clear, practical steps to take under South Carolina law and what to expect as you move forward.
1) Ensure safety and seek medical care
First, get to a safe place. Seek emergency or urgent medical attention for injuries. Medical records and photographs of injuries are critical evidence in a civil case.
2) Report the assault to police and get the report number
Contact law enforcement and ask for an incident or offense report number. Police reports do not replace civil evidence, but they provide an official record and may help preserve witness statements.
3) Preserve evidence and document everything
- Take dated photos of injuries, the location, and any damaged clothing or property.
- Keep medical bills, treatment records, and receipts.
- Write a contemporaneous timeline of events while memories are fresh: who, what, where, when.
- Collect contact information for witnesses and ask whether they will give a written or recorded statement.
- Preserve physical evidence (clothing, texts, social media posts) in its original form when possible.
4) Know the legal claim and burden of proof
In South Carolina, an assault or battery claim is an intentional tort. Basic elements commonly include (1) an intentional act by the defendant, (2) that caused either a harmful or offensive contact (battery) or a reasonable apprehension of imminent harmful contact (assault), and (3) resulting injury or harm. In civil court, you must prove your claim by a preponderance of the evidence (more likely than not).
5) Watch the statute of limitations
Time limits apply. Most personal-injury actions — including many assault or battery claims — must be filed within the period set by South Carolina’s statutes of limitation. See South Carolina Title 15 (Limitations of Actions) for details: S.C. Code, Title 15 — Limitations of Actions. File promptly; missing the deadline can bar your case.
6) Consider whether to send a demand letter
Before filing a lawsuit, many attorneys send a demand letter to the defendant or the defendant’s insurance company describing the facts, injuries, and the monetary amount you seek. This can prompt settlement without filing suit.
7) Hire a South Carolina attorney or evaluate self-representation
An attorney experienced in personal injury/assault claims can evaluate liability, calculate damages, handle negotiations, prepare pleadings, and represent you in court. Many civil-claim attorneys work on contingency (they are paid a percentage of recovery). If you choose to represent yourself, expect to learn court rules, filing procedures, and deadlines.
8) Filing the lawsuit (the complaint) and service
If settlement fails, your attorney files a complaint in the proper South Carolina court (typically the Circuit Court for claims involving significant damages). The complaint starts the lawsuit and must be properly served on the defendant according to South Carolina rules.
9) Discovery, depositions, and motions
After filing, both sides exchange evidence through written discovery, document requests, and depositions. Parties may file motions (legal arguments to the court) to resolve issues before trial. Expect months of preparation unless the parties settle.
10) Alternative dispute resolution and settlement
Many cases settle at mediation or through direct negotiations. A signed settlement agreement typically resolves the claim and prevents further action on the same injury. Review any settlement carefully—especially release language—before signing.
11) Trial and judgment
If the case does not settle, it proceeds to trial where a judge or jury evaluates the evidence and decides liability and damages. The winning party may ask the court to collect the judgment if the losing party refuses to pay.
12) Damages you may seek
- Economic: medical expenses, rehabilitation costs, lost wages, and property damage.
- Non-economic: pain and suffering, emotional distress, reduced quality of life.
- Punitive damages: may be available in particularly egregious intentional tort cases to punish wrongful conduct (availability depends on facts and law).
13) Interaction with criminal proceedings
Civil claims are independent from criminal charges. A criminal conviction can help a civil case but is not required. Civil discovery sometimes uses testimony and records from criminal cases, though defendants have constitutional protections (e.g., Fifth Amendment) that affect what they must disclose.
14) Special situations
- Assailant uninsured or judgment-proof: even if you win, collecting money may be difficult; an attorney can help evaluate collection options.
- Assault by a minor: claims against the minor or possibly against parents/employers depend on the facts and law—get specific advice.
- Intentional infliction of emotional distress: may be available when conduct is extreme and causes severe emotional harm.
Helpful Hints
- Act quickly. Preserve evidence and begin the documentation process immediately.
- Get medical care even for injuries that seem minor. Delayed treatment can harm your case and health.
- Take clear, dated photographs from multiple angles and back them up in the cloud or by email to yourself.
- Write down contact information for every witness and any person who treated you.
- Keep copies of all receipts, bills, and records related to the incident and your recovery.
- Avoid posting detailed descriptions or photos of the incident on social media; defendants and insurers often monitor social media for impeachment material.
- Ask for the police report number and the arrest or case number if criminal charges were filed.
- Do not give recorded statements to insurance adjusters without consulting an attorney first.
- Speak to more than one attorney if possible; ask about experience with assault/intention tort cases and fee structure.
- Remember the statute of limitations in South Carolina; find current limitations information here: S.C. Code, Title 15 — Limitations of Actions.
For information about where to file and local court procedures, consult the South Carolina Judicial Department: South Carolina Judicial Department. To find a qualified civil attorney in your area, consider contacting your local bar association or using attorney referral services.
Final note: This article explains common steps and general South Carolina concepts. It does not cover every factual nuance or procedural exception. An attorney who reviews your records and facts can advise about deadlines, possible claims, and the best path forward.