Can you sue for an assault if you didn’t go to the hospital? A clear answer under California law

Short answer: Yes. Not going to a hospital does not automatically block you from bringing a civil lawsuit for assault or battery in California. However, medical records help prove injuries and damages, and you must act within legal time limits. This page explains what to expect, how to preserve evidence, and next steps to protect your rights.

Detailed answer — how a civil claim works in California

California separates criminal law (what the state may prosecute) and civil law (what you can sue for). A civil assault or battery claim asks a court to award money (and sometimes other relief) for harm caused by another person’s intentional or negligent conduct. The fact that you did not seek emergency medical care or hospital treatment does not bar a civil claim. Courts accept many types of proof beyond hospital records.

Legal elements and relevant statutes

Criminal definitions (useful background): California Penal Code defines assault as an unlawful attempt plus present ability to commit violent injury (Pen. Code §240) and battery as willful and unlawful use of force on another person (Pen. Code §242).
Civil claims: In civil court, an assault claim typically requires proof of an intentional act by the defendant that caused you to reasonably fear imminent harmful or offensive contact. A battery claim requires proof the defendant actually caused harmful or offensive contact.
Statute of limitations: Most personal-injury claims—including assault and battery—must be filed within two years of the injury under California’s statute of limitations (Code Civ. Proc. §335.1).
Claims against public entities: If the person who harmed you is a government employee or the incident occurred involving a public entity, different rules apply (you must typically file a government claim first, often within six months). See Gov. Code §911.2.
Punitive damages: In some intentional torts, punitive damages may be available if the defendant acted with malice, oppression, or fraud; see Civ. Code §3294.

Proof when you didn’t go to the hospital

Hospital or emergency-room records are strong evidence of injury, but they are not the only evidence. Courts will consider:

Photographs of bruises, cuts, swelling, torn clothing, or the scene.
Witness statements and contact information for those who saw the incident.
Police reports or 911 call records (if police responded or you reported the incident).
Later medical or clinic visits (even to urgent care, your primary doctor, or a specialist) documenting injuries.
Time-stamped texts, emails, or social media messages describing the event or injury.
Work records showing lost wages, and receipts for expenses you incurred because of the assault.
Video surveillance from the location or nearby cameras.

Even if you had only minor physical injuries, you can still seek compensation for pain and suffering, emotional distress, and any financial losses tied to the assault.

Criminal case vs. civil lawsuit

The prosecutor decides whether to file criminal charges. You can cooperate with police, but the prosecutor controls the criminal case.
You may file a civil lawsuit regardless of whether criminal charges are filed. A civil suit’s burden of proof (preponderance of the evidence) is lower than the criminal standard (beyond a reasonable doubt).
A criminal conviction can help a civil case as persuasive evidence, but a civil case can proceed without a criminal conviction.

Typical civil process (what to expect)

Initial evidence gathering and client interview.
Demand letter to the defendant or their insurance company, often seeking settlement.
Filing a complaint in civil court if no settlement is reached.
Discovery (exchanging evidence), depositions, and motions.
Settlement negotiations or trial.

Many personal-injury cases settle before trial. Attorneys commonly handle these on a contingency-fee basis (the lawyer is paid a percentage of any recovery), so you often can consult an attorney without an up-front fee.

Practical examples (hypothetical)

Hypothetical A: You were shoved at a bar, developed bruises, but left without hospital treatment. You took photos that night, collected witness names, and reported the incident to police. You can still sue for assault and seek compensation for pain, medical bills you later incur, and lost wages.

Hypothetical B: You were struck and felt fine initially, but days later you experienced headaches and neck pain. Seeing a doctor then and documenting your symptoms strengthens a later civil claim even though you didn’t visit a hospital immediately.

Helpful hints — practical steps to protect your case

Preserve and collect evidence now: photos, clothing, video, witness names, and any messages about the event.
Get medical attention even for minor symptoms. A medical exam creates contemporaneous documentation important to your claim.
File a police report if you haven’t already. A report can be useful even if no arrest follows.
Note the exact date, time, and location of the incident and write a short timeline while memories are fresh.
Do not post statements or photos about the incident on social media; such posts can be used against you.
Be mindful of the two-year deadline (Code Civ. Proc. §335.1). If the defendant is a government entity, act more quickly to meet government-claim deadlines (e.g., Gov. Code §911.2).
Consult a personal-injury attorney early. Many offer free consultations and work on contingency.
If you fear immediate harm, contact law enforcement and ask about restraining orders or protective measures.

When to talk to an attorney: If you want to preserve legal remedies, determine the strength of your claim, or seek compensation, contact a California personal-injury attorney as soon as practical. An attorney can evaluate evidence, calculate likely damages, and explain options including settlement or trial.

Disclaimer: This information is educational only and not legal advice. It does not create an attorney-client relationship. Laws change and every case depends on its facts. For advice about a specific incident, consult a licensed California attorney.

Helpful links: California Legislative Information (Penal and Civil Codes): leginfo.legislature.ca.gov and California Courts self-help: courts.ca.gov/selfhelp.