Can you sue for assault in Vermont even if you didn’t go to the hospital?

Short answer: Yes. In Vermont you can bring a civil lawsuit for assault (or related torts such as battery, intentional infliction of emotional distress, or negligence) even if you did not go to the hospital after the incident. Not going to the hospital may affect the evidence available and the damages you can prove, but it does not bar your right to file a claim.

Detailed answer — what this means and how it works under Vermont law

There are two separate tracks after an assault: criminal and civil. Criminal prosecution is handled by the state; a civil lawsuit seeks money damages (and sometimes other relief) from the person who harmed you. You can pursue a civil claim regardless of whether the state files criminal charges or whether you sought emergency medical care.

What a civil assault or battery claim requires

Common-law torts govern most civil assault and battery claims in Vermont. Generally:

• Assault — the defendant intentionally created a reasonable fear or apprehension in you of imminent harmful or offensive contact.
• Battery — the defendant intentionally made harmful or offensive physical contact with you.

You can sue for either or both if the facts support them. You do not need to have sought hospital care to prove those elements; reliable witness statements, photos, video, contemporaneous messages, and your own testimony can support the claim.

Damages you can seek

Even without hospital bills you can seek damages for:

• Pain and suffering or emotional distress;
• Lost wages if you missed work due to the incident;
• Out-of-pocket expenses (medicine, urgent care later, counseling);
• Punitive damages in rare cases where the defendant’s conduct was especially malicious (state law controls availability).

Why medical treatment still matters

Medical records and examinations create objective evidence of injury and causation. Not going to the hospital does not prevent a claim, but it can make it harder to document physical injury and link it to the defendant’s conduct. If you did not seek immediate care, consider getting a medical or mental-health evaluation as soon as possible to document injuries. Photos of injuries, dated notes, witness statements, and other contemporaneous records help strongly when medical records are absent.

Standard 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 burden than in criminal court (beyond a reasonable doubt). That means civil suits can succeed even when criminal charges do not.

Timing — statute of limitations in Vermont

Most personal-injury claims in Vermont, including assault and battery, must be filed within three years of the injury. See 12 V.S.A. § 512 for the statute of limitations that commonly applies to actions to recover damages for personal injuries: 12 V.S.A. § 512. Missing the deadline can bar your claim, so act promptly.

Practical steps to take if you were assaulted but didn’t go to the hospital

1. Preserve evidence. Save texts, photos, videos, clothing, and any object involved. Write a dated account of what happened while details remain fresh.
2. Get medical or mental-health documentation as soon as you can, even if you first declined emergency care. Urgent care, primary care, or a forensic-medical exam can create records that support your claim.
3. Contact police and request a copy of any report. A police report is not required to sue, but it is important evidence.
4. Identify witnesses and get their contact information and statements if possible.
5. Talk to a civil attorney about your options and deadlines. Many attorneys offer free initial consultations and contingency arrangements in personal-injury cases.
6. Consider protective measures. If you fear future harm, ask police about safety options and the court about restraining or protective orders.

Where to file and how to get help

Civil personal-injury cases in Vermont are typically filed in the Vermont Superior Court (Civil Division). For minor monetary claims, Vermont has small-claims procedures; for larger claims you would file a civil complaint. The Vermont Judiciary website can help you find court procedures and forms: Vermont Judiciary.

For lawyer referrals and legal help resources, see the Vermont Bar Association’s “Get Legal Help” page: https://www.vtbar.org/get-legal-help.

Helpful Hints

• File a police report even if you later decide not to press criminal charges. It creates an official record.
• Document injuries with dated photographs from multiple angles and close-ups. Photo timestamps help prove timing.
• Keep a daily journal of pain, emotional effects, and any time missed from work. Courts consider this when awarding non-economic damages.
• Preserve digital evidence (texts, social-media messages, surveillance video) and note where it is stored and who controls it.
• Act quickly — the three-year deadline for personal-injury claims in Vermont can run out, and evidence can disappear.
• Even small injuries can support an assault claim if the defendant intentionally caused fear or contact.
• If cost is a concern, ask attorneys about contingency-fee arrangements or contact legal-aid groups for low-cost help.

Example (hypothetical): You were shoved in a bar and lost your balance. You did not go to the hospital that night because you felt shaken but not seriously injured. The next day you developed bruises and missed a day of work. You can still sue the person who shoved you. Collect photos of your bruises, get a medical visit documented, ask witnesses for statements, and file within three years.

Disclaimer: This article is for informational purposes only and is not legal advice. I am not a lawyer. Laws change and every situation is different. Consult an attorney licensed in Vermont to get advice about your specific situation.