Disclaimer: This is general information and not legal advice. Consult a licensed Colorado attorney about your specific situation.
Detailed Answer
Overview
Yes. In Colorado you can bring a civil lawsuit for assault (or battery) even if you did not go to the hospital after the incident. Criminal charges and civil claims are separate: the state (a prosecutor) decides whether to pursue criminal charges, and you decide whether to file a civil claim to recover money for harms you suffered. A medical visit is helpful evidence of injury, but it is not a legal prerequisite to sue.
What legal claims are possible?
Common civil claims after a physical attack include:
- Assault: intentionally putting someone in reasonable fear of imminent harmful or offensive contact.
- Battery: intentional, harmful, or offensive physical contact.
- Intentional infliction of emotional distress, if the defendant’s conduct was extreme and outrageous.
- Negligence claims in some contexts (for example, premises liability where a property owner failed to provide reasonable security).
Why not going to the hospital doesn’t bar a civil claim
Courts decide civil cases based on the preponderance of the evidence (more likely than not). Medical records are persuasive but not the only proof of harm. You can rely on:
- Photographs of visible injuries, bruises, torn clothing, or the scene.
- Witness statements and contact information for people who saw the incident.
- Police reports, if you reported the event to law enforcement.
- Your own contemporaneous notes about what happened, including dates, times, and how you felt physically and emotionally.
- Expert testimony (medical or psychological) if needed later to prove injury or impairment.
Evidence and damages you can pursue
Even without hospital treatment, you can seek compensation for:
- Out-of-pocket expenses (over-the-counter medication, property damage, transportation).
- Pain and suffering and emotional distress.
- Loss of enjoyment of life, and lost wages if you missed work because of the attack.
- Punitive damages in extreme cases of intentional or malicious conduct (depends on the facts).
Statute of limitations (time limits)
Colorado sets time limits to bring civil claims for injuries to the person. For most personal-injury claims the deadline is short — you should act promptly. See Colorado’s statute of limitations for actions for injuries to the person: C.R.S. § 13-80-102. If you wait too long, the court can dismiss your case even if your claim is otherwise valid.
Interaction with criminal cases
Filing a civil suit does not require that criminal charges be filed, and the absence of criminal charges does not prevent a civil claim. If prosecutors do file charges, it won’t automatically stop your civil case, though timing and evidence issues may be affected. In criminal cases, the standard is higher (beyond a reasonable doubt) than in civil cases.
Practical steps to take now
- Document everything now: write a detailed account, date it, and save photos and any messages related to the incident.
- Report the incident to police if you haven’t already and obtain a copy of the police report.
- Preserve physical evidence (clothing, broken items) in a paper bag or other safe place.
- Seek medical or mental-health care when you can — even a late visit creates a medical record that supports your claim.
- Collect witness names and contact information.
- Consult a Colorado civil attorney to review your options, potential damages, and deadlines.
Helpful Hints
- Do not assume you must have hospital records to proceed — courts consider multiple types of proof.
- Act quickly. Statutes of limitation can bar claims after a short time. See C.R.S. § 13-80-102 for the timing on personal-injury actions.
- Even minor injuries can lead to compensation for pain, emotional harm, and other losses.
- If the defendant threatens or intimidates you, tell law enforcement and your attorney — safety comes first.
- Ask about mediation or settlement early; many assault-related civil cases settle before trial.
- If you have limited funds, look into legal aid, pro bono clinics, or a lawyer who will evaluate your case on a contingency basis (paid only if you recover).
If you want a next step, gather your documentation (photos, notes, any report) and consult a Colorado attorney who handles personal-injury or assault cases. They can give specific advice about the strength of your claim and the likely timeline.