Bringing a Civil Claim After an Assault in Delaware

Detailed answer — step-by-step guide to bringing a civil claim in Delaware

1. Immediate actions: safety and medical care

Put your safety first. If you remain in danger, call 911. Seek medical treatment even if injuries seem minor. A medical record helps prove injury and links harm to the assault.

2. Report the assault to police

Call local law enforcement and file a report. A criminal investigation can produce an official record, witness statements, and evidence you can use in a civil case. Criminal prosecution and a civil claim are separate: the state prosecutes crimes while you may sue for damages in civil court.

See Delaware criminal statutes (for context) at the Delaware Code, Title 11: https://delcode.delaware.gov/title11/.

3. Preserve evidence

• Photograph injuries, bruises, the scene, and damaged property as soon as possible.
• Keep clothing and any physical items from the assault in a safe, dry place.
• Save messages, emails, social media posts, texts, and call logs related to the incident.
• Get contact information for witnesses and ask them for written statements while memories are fresh.
• Keep all medical records, bills, paystubs showing lost wages, and receipts for related expenses.

4. Understand what a civil claim will seek

A civil claim for assault and battery (an intentional tort) typically seeks compensation for:

• Medical expenses (past and future)
• Lost earnings and lost earning capacity
• Pain and suffering and emotional distress
• Permanent disability or disfigurement
• Punitive damages in appropriate cases (to punish especially wrongful conduct)

5. Know the time limit (statute of limitations)

Delaware limits how long you have to file a civil action. Consult the Delaware Code, Title 10 (Actions and proceedings): https://delcode.delaware.gov/title10/. In many personal-injury cases, including assault and battery, you must file within the statutory time period (meaning you should act promptly). Some special rules or exceptions may extend or shorten the deadline (for example, for minors or based on when you discovered the injury), so confirm the deadline for your situation with an attorney right away.

6. Decide where to file and how to start the lawsuit

Small monetary claims may be handled in lower courts while larger claims will go to the Superior Court. The Delaware courts’ websites explain jurisdiction and filing steps; see the Superior Court information here: https://courts.delaware.gov/superior/. To start a civil lawsuit you (usually through an attorney) will:

1. Prepare and file a complaint or writ setting out your legal claims and the relief you seek.
2. Serve the defendant with the complaint and summons according to Delaware Rules of Civil Procedure.

7. Pre-trial process: investigation and discovery

After filing, the parties exchange information (discovery), take depositions, and request documents. Your lawyer will gather evidence, obtain medical records, and take statements from witnesses. Many assault cases settle before trial; your lawyer will evaluate settlement offers against likely trial outcomes.

8. Trial, judgment, and collection

If you do not settle, the case proceeds to trial. The civil standard of proof is a preponderance of the evidence (more likely than not). If you win, the court enters a judgment in your favor. Collecting money may require additional steps (garnishment, liens, or other enforcement), depending on the defendant’s assets.

9. Insurance and defendants

Sometimes an assault occurs where an employer, property owner, or bar may share civil liability (for negligent security or supervision). An alleged assailant may have homeowners or renters insurance that could cover some damages. Your attorney can help identify all potentially liable parties and insurance sources.

10. Consider hiring a lawyer

An experienced personal-injury attorney can:

• Assess your legal claims and damages
• Identify applicable deadlines and exceptions
• Handle evidence, pleadings, and negotiations
• Explain court jurisdiction and whether your case belongs in small-claims, Court of Common Pleas, or Superior Court
• Represent you at trial and in post-judgment enforcement

Many personal-injury lawyers accept assault cases on a contingency-fee basis (they get paid only if you recover), but confirm fee terms in writing.

11. Interaction with criminal cases

The prosecutor controls the criminal case. The civil lawsuit remains your private right to compensation. A criminal conviction may help a civil case (e.g., by producing admissions or evidence), but civil cases do not require a criminal conviction to proceed.

Helpful hints

• Act quickly: preserve evidence and contact an attorney before the statute of limitations runs out.
• Document injuries carefully: photos, medical records, and a contemporaneous injury diary strengthen your claim.
• Get a copy of the police report and include it with your claim file.
• Limit social media posts about the incident; defense lawyers often use such posts against plaintiffs.
• Keep all receipts, bills, and pay records for expenses and lost wages.
• Ask witnesses for written statements and their contact information as soon as possible.
• Do not give recorded statements to an insurer or the other side without legal advice.
• If you can’t afford a lawyer up front, look for attorneys who offer free consultations or contingency-fee arrangements.
• Use official Delaware resources for procedures and forms: Delaware Code (Title 10 and Title 11) — https://delcode.delaware.gov/, and Delaware Courts — https://courts.delaware.gov/.