Short answer
Yes. Under West Virginia law, you can bring a civil lawsuit for assault even if you did not go to the hospital. Medical treatment helps document injuries and supports a claim, but it is not a legal requirement for filing a civil case.
Detailed answer — how this works in West Virginia
There are two separate legal tracks after an assault: a criminal case (the state prosecutes the alleged offender) and a civil case (you sue the offender for money damages). You can pursue a civil claim regardless of whether the state brings criminal charges and regardless of whether you sought medical care.
Legal basis for a civil claim
In civil court, an assault claim is an intentional tort. You must prove, by a preponderance of the evidence (more likely than not), that the defendant intentionally caused harmful or offensive contact or put you in reasonable fear of such contact. Civil claims are governed by West Virginia common law and court rules, and by statutes that affect procedure and timing. For West Virginia statutes generally, see Title 61 (Crimes) and Title 55 (Limitation of Actions):
- West Virginia Code — Title 61: Crimes and Their Punishments
- West Virginia Code — Title 55: Limitation of Actions (statutes of limitations)
Burden of proof and damages
In a civil assault case you must prove the facts by a preponderance of the evidence. Possible damages include:
- Compensatory damages for medical expenses, pain and suffering, emotional distress, and lost earnings.
- Out‑of‑pocket losses such as property damage or transportation to appointments.
- In some intentional torts, punitive damages may be available where the defendant’s conduct was especially willful or malicious; an attorney can advise whether punitive damages are realistic in a particular case.
Why a hospital visit helps — but is not required
Medical records are powerful evidence because they document injury, treatment, timing, and sometimes cause. If you did not go to the hospital, other strong evidence can still support your claim, such as:
- Police reports or 911 call logs.
- Photographs of injuries, clothing, or the scene taken soon after the incident.
- Witness statements and contact information for those witnesses.
- Text messages, social media posts, audio or video recordings.
- Statements you made close in time to the incident (contemporaneous notes or messages).
Statute of limitations — timing matters
West Virginia has time limits for filing civil claims. Personal injury and assault claims are subject to the state’s statute of limitations, which generally requires timely filing. See Title 55 — Limitation of Actions for the applicable rules and exceptions. Because time limits can vary with circumstances, you should check deadlines early.
Typical steps to pursue a civil claim
- Document everything now: write a detailed account while memories are fresh and preserve any physical or digital evidence.
- Report the incident to police (if you have not already). A police report helps both criminal prosecutions and civil cases.
- See a medical professional when possible — even a same-day urgent care visit can create records that help your claim and protect your health.
- Consult a West Virginia attorney experienced in personal injury/assault claims to evaluate evidence, calculate damages, and explain likely outcomes.
- An attorney can negotiate a settlement or file a complaint in circuit court and handle discovery and trial if necessary.
Hypothetical example
Jane and John get into a bar fight. Jane does not go to the hospital but takes photos of a bruise, saves a torn shirt, and gets a witness’s phone number. She reports the incident to police and later sues John in civil court for her injuries and emotional harm. Jane’s photos, the witness statement, the police report, and testimony about lost wages can be enough to win a civil judgment even without hospital records.
Helpful Hints
- Preserve evidence immediately: photos, clothing, messages, and any video.
- Call the police and obtain a copy of the incident or arrest report.
- Seek medical or mental‑health care promptly for your health and to create records.
- Write a dated, detailed account of what happened while your memory is fresh.
- Do not post details about the incident on social media; opposing parties often use those posts against you.
- Contact an attorney quickly to protect deadlines under West Virginia law; an attorney can explain likely damages and fees (many personal-injury lawyers work on contingency).
- If you fear ongoing danger, consider safety planning and contact local victim‑services organizations and law enforcement.
Where to find more information
For West Virginia statutes and official code, visit the West Virginia Legislature’s code pages:
Important disclaimer
This information is for general education and planning only and is not legal advice. It does not create an attorney‑client relationship. Laws change and each situation is different. Consult a licensed West Virginia attorney to get advice specific to your situation.