Bringing a Civil Claim After an Assault in Tennessee — FAQ
This FAQ answers the core question: what steps do I need to take to bring a civil claim after an assault under Tennessee law? It assumes no prior legal knowledge.
Detailed Answer — Step‑by‑Step Guide
Short answer: act quickly to protect your safety and preserve evidence, get medical care and a police report, document injuries and expenses, then decide whether to pursue a civil lawsuit (or a claim in small/limited-jurisdiction court). Under Tennessee law some time limits apply, so consult an attorney early. Below is a practical step‑by‑step roadmap.
1. Immediate safety and medical care
Your first priority is safety. If you are in danger, call 911. Even if injuries seem minor, get medical attention. Medical records are critical evidence for a civil claim: they document injuries, treatment, prognosis, and costs.
2. Report the incident to police and obtain a copy of the report
Call law enforcement and file a police report. A report does not determine civil liability, but it creates an official record and can support your civil claim. Criminal charges may be brought by the state independently; pursuing a civil claim is separate.
For Tennessee criminal assault definitions, see the criminal statute: Tenn. Code Ann. § 39-13-101.
3. Preserve and gather evidence
- Take photos of injuries, clothing, the scene, and any property damage.
- Keep all medical bills, doctor notes, prescriptions, and invoices.
- Write down your own detailed statement while memories are fresh (date, time, location, what happened, witnesses).
- Collect contact info for witnesses and ask whether they will give you a written or recorded statement.
- Preserve physical evidence (clothing, items) and electronic evidence (texts, social media posts, surveillance footage). If a business may have surveillance, ask them to preserve video and get a preservation/hold notice through an attorney if necessary.
4. Identify the correct defendant(s) and possible legal claims
Common civil claims after an assault include:
- Intentional torts: assault and battery — seeking compensation for physical harm, medical bills, pain and suffering.
- Negligence claims: if a third party’s negligence contributed (for example, a property owner who failed to provide reasonable security).
- Employer liability (respondeat superior): if the assailant was acting in employment scope.
- Dram shop or social-host claims: when an intoxicated person caused the assault and a server or host illegally supplied alcohol (these claims have special rules).
5. Understand the time limit (statute of limitations)
Tennessee limits how long you have to file a civil action for personal injuries. In many personal injury cases the applicable limitation is two years from the date of injury. That deadline is set by the Tennessee Code; it is important not to miss it. See: Tenn. Code Ann. § 28-3-104. Missing the statute of limitations can bar your lawsuit even if your claim is otherwise valid.
6. Decide where to file and whether to try a negotiated resolution first
Smaller claims are often filed in General Sessions Court (or the local court that handles smaller civil matters). Larger or more complex cases typically go to Circuit or Chancery Court. Before filing you can send a demand letter to the at-fault party or their insurer outlining your damages and requesting settlement. Many cases settle before trial.
7. Filing the lawsuit
If settlement efforts fail, the formal steps include:
- Prepare a complaint (petition) detailing the facts, legal claims, and damages sought.
- File the complaint with the appropriate Tennessee court and pay filing fees.
- Serve the defendant(s) with the complaint and a summons following Tennessee civil procedure rules.
8. Discovery, motions, and settlement negotiations
After filing, both sides exchange information (written questions, document requests, depositions). Parties may file motions (for example, to dismiss or exclude evidence). Settlement discussions or mediation often occur throughout this phase.
9. Trial and judgment
If the case does not settle, it proceeds to trial where a judge or jury decides liability and damages. If you win, the court enters judgment. Collecting that judgment may require separate enforcement steps (wage garnishment, bank levy, liens).
10. Consider other remedies — victim compensation and protective orders
You may qualify for victim compensation programs that help pay medical or counseling bills. Tennessee provides victim services through state resources; check the Tennessee Bureau of Investigation or local victim-witness offices for guidance: Tennessee Victim Services.
11. When to hire an attorney
Talk to an attorney early if injuries are serious, liability is contested, the defendant has insurance, or there are complicated legal issues (multiple defendants, dram-shop claims, employer liability). An attorney can preserve evidence, identify the correct legal claims, and handle court processes. Even for smaller matters, many attorneys offer free consultations or contingency arrangements.
Hypothetical example
Hypothetical: Jane is assaulted in a parking lot and sustains a broken wrist. She calls 911, gets medical care, and the police file a report. Jane photographs her injuries, keeps medical bills, and gets witness contact information. Two months later she sends a demand letter to the assailant’s insurer. The insurer denies full responsibility. Jane files a personal injury complaint in Circuit Court within two years, pursues discovery, and later settles for compensation covering medical bills, lost wages, and pain and suffering.
Key legal reminder
Civil claims are independent of criminal cases. Even if prosecutors decide not to file charges, you can still pursue a civil claim. Conversely, a criminal conviction can help your civil case as it may be used as evidence of fault, but the civil court makes its own determination.
Important statutory references:
- Limitations on personal injury actions: Tenn. Code Ann. § 28-3-104.
- Tennessee criminal assault statute (for background): Tenn. Code Ann. § 39-13-101.
Helpful Hints
- Act fast: preserve evidence and note the statute of limitations (often two years for personal injury claims).
- Document everything: photos, medical records, bills, witness names, and written statements help prove your case.
- File a police report immediately — it strengthens both criminal prosecution and your civil claim.
- Consider a demand letter first — many cases settle without litigation, saving time and expense.
- Ask about insurance: many defendants are insured, and claims are often resolved with the insurer, not the individual.
- Get legal advice early if injuries are serious, liability is disputed, or multiple parties are involved.
- Don’t post details or photos of the incident on social media; opposing counsel can use those posts against you.
- If video evidence may exist (business cameras, traffic cams), notify the holder to preserve it quickly.
- Use official Tennessee resources for court forms and self-help information: Tennessee Courts.
- Explore victim service resources if you need counseling or financial help: Tennessee Victim Services.