Frequently Asked Question — How to pursue a civil claim after an assault in Connecticut
Disclaimer: I am not a lawyer. This information is educational and does not constitute legal advice. For tailored legal guidance, consult a licensed Connecticut attorney.
Detailed answer — Overview of the civil process in Connecticut
If you were assaulted, you may pursue a civil claim (a tort action) to recover money for medical bills, lost wages, pain and suffering, and other losses. A civil claim is separate from any criminal case; the state prosecutes crimes while you sue the person who harmed you to recover damages.
1. Immediate steps (safety, medical care, and documentation)
– Prioritize safety: leave the scene if you are in danger and contact law enforcement if necessary.
– Seek medical attention right away. Medical records are key evidence of injury and causation.
– Document injuries with dated photographs, save torn or bloodied clothing, and preserve any physical evidence.
– Get contact information for witnesses and collect the responding officer’s name and the police report number if police were called.
2. Report the incident to police
Filing a police report is not required to bring a civil claim, but a criminal report and investigative materials can strengthen your civil case. Ask for a copy of the report or the incident number.
3. Know the deadline to file — statute of limitations
Most personal-injury claims in Connecticut must be filed within the statutory time limit. Actions for injuries to the person generally must be brought within two years. See Connecticut General Statutes § 52-577 for the applicable statute of limitations and exceptions: https://www.cga.ct.gov/current/pub/chap_925.htm#sec_52-577. Missing the filing deadline can bar your claim, so act promptly.
4. Consult an attorney
An attorney who handles personal-injury and assault cases can evaluate evidence, calculate damages, advise on strategy (demand vs. filing suit), and represent you in court. Many attorneys offer free initial consultations. If cost is a concern, ask about contingency-fee arrangements (fees paid only if you recover).
5. Demand letter and negotiation
Before filing a lawsuit, your attorney may send a demand letter to the at-fault party (or the party’s insurer) describing injuries, damages, and a settlement demand. Many cases resolve through negotiation or mediation without filing suit.
6. Filing the lawsuit
If no acceptable settlement is reached, your attorney will prepare and file a complaint in the Connecticut Superior Court for the appropriate venue. The complaint sets out the factual allegations and the relief you seek. The Connecticut Judicial Branch provides resources on civil filings and court procedures: https://www.jud.ct.gov/selfhelp/.
7. Service of process and the defendant’s response
After filing, the defendant must be served with the complaint and summons. The defendant generally has a limited time to file an answer or motion. If the defendant does not respond, you may seek a default judgment.
8. Discovery and pretrial procedures
Discovery lets both sides exchange information: written questions (interrogatories), document requests, and depositions. Discovery helps narrow contested issues and supports settlement or trial preparation.
9. Alternative dispute resolution
Courts and parties often use mediation or settlement conferences to resolve claims without trial. Mediation can be faster and less expensive than a trial.
10. Trial, judgment, and collection
If the case goes to trial, a judge or jury decides liability and damages. If you obtain a judgment, collecting on it may require additional legal steps (wage garnishment, liens, etc.). An attorney can advise on collection options.
Types of damages you can seek
- Medical expenses (past and future)
- Lost income and lost earning capacity
- Pain and suffering and emotional distress
- Property damage, if any
- Punitive damages in rare cases of egregious conduct
Special considerations
– If the attacker is uninsured or judgment-proof, recovery may be difficult even with a winning judgment.
– If the assault occurred at work, you may have workers’ compensation issues to coordinate with a civil claim.
– If the defendant was acting under the scope of employment, an employer may share liability under certain circumstances.
Helpful hints
- Act quickly: preserve evidence and speak with an attorney before the statute of limitations expires.
- Keep a detailed contemporaneous journal of symptoms, medical visits, missed work, and out-of-pocket costs.
- Request and keep copies of all medical records and billing statements.
- Get witness names and contact information at the scene; witness statements are powerful evidence.
- Obtain the police report number and officer names if police responded.
- Do not post detailed accounts, photos, or admissions about the incident on social media — insurers and opposing counsel can use those posts.
- Keep original physical evidence (clothing, torn items, etc.) in a safe place.
- Ask about contingency-fee representation if you cannot afford hourly fees.
- If you fear further harm, inquire about protective orders and safety planning; the Connecticut Judicial Branch and the Office of Victim Services can help: https://portal.ct.gov/OVS/Resources.