How to Bring a Civil Claim After an Assault in Utah: Step-by-Step FAQ

Disclaimer: This is general information only and not legal advice. Laws change and every case is different. Consult a licensed Utah attorney to evaluate your specific situation.

Detailed answer — what you need to do to bring a civil claim after an assault in Utah

If someone assaulted you in Utah, you may have two separate paths: criminal charges brought by the state, and a civil lawsuit you bring to recover money or other remedies. This answer focuses on the civil claim process (bringing a lawsuit for assault, battery, or related harms).

1. Immediate steps: safety, medical care, and documentation

   First, make sure you are safe. Seek emergency care if you need it. Medical records are crucial evidence for any future civil claim. Keep copies of all medical bills, treatment notes, test results, and photographs of injuries. If you can, take photos of the scene, your injuries, damaged property, and anything else relevant.

2. Report the assault to police and get the report

   File a police report if the situation allows. A police report and any criminal investigation materials (incident number, arrest report, charging documents) help prove what happened and can be used in your civil case. You can learn about criminal assault statutes in Utah’s criminal code at the Utah Legislature site (Title 76, Chapter 5):
   https://le.utah.gov/xcode/Title76/Chapter5/76-5.html.

3. Preserve evidence and identify witnesses

   Preserve clothing, torn items, messages, audio/video, social media posts, and any other physical or digital evidence. Write down your memory of events while they are fresh. Collect contact information for witnesses and ask them for a written or recorded statement if possible.

4. Understand the legal theories you can use

   Common civil claims after an assault include:

   • Assault (intentional act causing reasonable apprehension of imminent harmful or offensive contact).
   • Battery (intentional harmful or offensive physical contact).
   • Intentional infliction of emotional distress.
   • Negligence or premises liability if the defendant’s carelessness or a property owner’s failure to secure the premises contributed to the assault.
   • Claims against an employer or another party under vicarious liability theories in some situations.

   How you plead your claim depends on the facts—intentional torts (assault/battery) differ from negligence theories.

5. Check the deadline: statute of limitations

   Utah limits how long you have to file a civil lawsuit. Actions for personal injuries, including many assault/battery claims, are subject to Utah’s statutes of limitations. For details and any specific exceptions, see Utah Code, Title 78B, Chapter 2 (Actions):
   https://le.utah.gov/xcode/Title78B/Chapter2/78B-2.html. Time limits vary by claim type and special circumstances (minors, tolling, government defendants), so verify the applicable deadline promptly.

6. Decide where to file: court and monetary limits

   Choose the correct court based on the amount you seek and the claim type. Utah’s district courts handle most personal-injury lawsuits. Justice court (small claims) handles lower-dollar disputes and has simplified procedures. For filing procedures and court addresses, use Utah Courts’ self-help resources:
   https://www.utcourts.gov/howto/.

7. Try to resolve the case informally: demand letter and negotiation

   Many civil assault claims resolve before filing a lawsuit. A written demand letter summarizing injuries, treatment, and the compensation you seek often starts settlement talks. If the defendant has insurance, contact the insurer early—insurance adjusters may investigate and negotiate. If negotiations fail, you may file suit within the deadline.

8. Filing the lawsuit: complaint, service, and the defendant’s answer

   To start a civil suit you or your attorney file a complaint (also called a petition) with the proper court. The complaint must allege the facts and legal claims and state the relief requested. After filing, you must serve the defendant with the complaint and a summons according to Utah rules. The defendant then has a limited time to file an answer or other response.

9. Pretrial process: discovery, motions, and settlement efforts

   After the defendant answers, both sides exchange evidence in discovery (documents, interrogatories, depositions). Parties may file pretrial motions (e.g., to dismiss or for summary judgment). Courts often refer cases to mediation or settlement conferences to avoid trial.

10. Trial, judgment, and collection

    If the case does not settle, it proceeds to trial where a judge or jury decides liability and damages. If you obtain a judgment, you may need post-judgment procedures to collect (garnishment, liens, etc.). Collecting a judgment can be complex if the defendant has limited assets or insurance.

11. When to hire an attorney

    Consider consulting a Utah personal injury attorney early—before you sign releases, give recorded statements, or miss the statute of limitations. An attorney can evaluate claims, preserve evidence, deal with insurers, prepare pleadings, and represent you in court. Prepare for a consultation by bringing medical records, police reports, photos, witness contacts, and any correspondence with the defendant or insurers.

Key Utah statutes and resources

• Utah criminal assault statutes (for context): Utah Code Title 76, Chapter 5 — Assault
  
  https://le.utah.gov/xcode/Title76/Chapter5/76-5.html
• Utah statutes on actions and limitations (statute of limitations matters): Utah Code Title 78B, Chapter 2 — Actions
  
  https://le.utah.gov/xcode/Title78B/Chapter2/78B-2.html
• Utah Courts self-help and filing information
  
  https://www.utcourts.gov/howto/

Helpful Hints

• Get medical attention immediately and keep all records and bills.
• Create a secure folder (digital and physical) for photos, reports, messages, and receipts.
• Report the incident to police and request a copy of the report and incident number.
• Preserve clothing and physical evidence in a paper bag (not plastic) and avoid washing if it may contain traces of the incident.
• Collect names and contact information for witnesses; ask if they will provide a short written statement.
• Be cautious about posting details or photos on social media; opposing parties often use social media in litigation.
• Notify your health insurer and, if applicable, the defendant’s insurer about the claim—but don’t sign settlement releases without legal advice.
• Start a written timeline of events while memories are fresh. Include dates, times, locations, and what was said and done.
• Act promptly—statutes of limitation can bar claims if you wait too long.
• Consult a Utah attorney early to preserve rights, especially if injuries are serious or fault is disputed.

Bringing a civil claim after an assault involves factual, legal, and procedural steps. Taking careful early steps—medical care, reporting, and evidence preservation—gives you the best chance to prove your case. For help tailored to your facts, contact a licensed attorney in Utah.