Overview: civil vs. criminal remedies

Assault and battery can give rise to two separate types of legal action. One is criminal: the State can prosecute the alleged assailant under Indiana criminal statutes (see, for example, provisions addressing battery in Indiana Code Title 35). The other is civil: you can file a private lawsuit to recover money for injuries, medical costs, lost wages, pain and suffering, and sometimes punitive damages. You can pursue either or both. A criminal case is handled by prosecutors; a civil case is handled by you (the plaintiff) and your attorney.

Criminal statutes: see Indiana Code § 35-42-2-1 regarding battery and related offenses: https://iga.in.gov/laws/2023/ic/titles/35/ar42/ch2/section/1

Can you bring a civil claim if you didn’t seek hospital care?

Yes. Not going to the hospital right away does not bar a civil claim. Civil lawsuits use the preponderance of the evidence standard (more likely than not). Courts consider the full record: witness statements, photos, videos, later medical records, police reports, damage to clothing, and testimony about pain and limitations.

What matters most is proving three things in a typical intentional tort case (assault/battery):

1. The defendant intended the act (or acted negligently/willfully, depending on the claim).
2. The defendant’s act caused contact or a reasonable fear of contact (assault) or harmful/offensive contact (battery).
3. You suffered damages (physical injury, medical bills, lost income, pain and suffering, etc.).

Evidence of injury is helpful but does not always require immediate hospital documentation. Courts accept delayed treatment records, photographs of injuries, testimony about symptoms, and expert opinions showing the injury resulted from the alleged incident.

Important time limit: statute of limitations

In Indiana, most personal-injury claims (including those arising from assault or battery) must be filed within a limited time after the injury. Generally, the time limit is two years from the date of the injury. That time limit is established by Indiana’s civil procedure statutes; see Indiana Code § 34-11-2-4 (actions for injury to person or character): https://iga.in.gov/laws/2023/ic/titles/34/ar11/ch2/section/4

Missing the statute of limitations can bar your claim regardless of how strong your evidence is. There are exceptions (for minors, discovery rules in some types of cases, or when the defendant leaves the state), so consult a lawyer promptly if a significant amount of time has passed.

How lack of immediate medical treatment can affect your case

• Damages: If you never sought medical care, the other side may argue your injuries were minor or fabricated. Courts will weigh available proof of actual harm.
• Proof of causation: Records that show treatment soon after the incident make it easier to link the injury to the assault. Delayed treatment still can support causation if medical testimony explains the delay and ties the condition to the event.
• Credibility: A lack of immediate treatment may raise credibility questions. You should be ready to explain why you didn’t go to the hospital (shock, no insurance, belief injury was minor, or seeking care later).

Evidence you can and should collect (even if you didn’t visit a hospital)

Collecting and preserving evidence improves your chance of success. Examples:

• Photographs and videos of injuries, the scene, and any torn/bloody clothing.
• Witness names, phone numbers, and written statements.
• Police reports. You can and should still file a police report; it helps both criminal and civil cases.
• Medical records for any later treatment (urgent care, primary care, mental health counseling). Medical providers can link treatment to the assault.
• Documentation of missed work, bills, or other out-of-pocket losses.
• Text messages, emails, social media posts, or surveillance video that show the incident or its aftermath.

Typical next steps

1. Preserve evidence and document everything while memories are fresh.
2. Consider filing a police report if you haven’t already. The criminal investigation can produce evidence for a civil claim.
3. Seek medical attention even later. Treating injuries and having records strengthens your damages claim and documents causation.
4. Contact a personal injury attorney for a consultation. Many Indiana attorneys handle assault-related civil claims on contingency (they only get paid if you recover).
5. File suit before the statute of limitations runs out. If you are unsure when that is, consult an attorney quickly.

What you can reasonably expect as outcomes

Outcomes vary. Possible results include settlement, judgment for compensatory damages (medical costs, lost wages, pain and suffering), and — in rare and specific circumstances — punitive damages where conduct is especially egregious. Many assault cases settle before trial if the plaintiff can show credible evidence of harm and liability.

Helpful hints

• Document a timeline of the event and follow-up symptoms immediately in writing.
• Take clear photos of injuries and the scene on the day of the incident if possible.
• Get contact information for any witnesses right away.
• If you can’t afford a hospital visit, consider urgent care or a primary-care visit later — it still creates an official medical record.
• File a police report even if you initially declined medical care; it preserves an official record and can support a civil claim.
• Preserve clothing and other physical evidence in a paper bag (not plastic) to avoid mold or damage.
• Speak to an attorney about timelines and evidence before the two-year limitation runs (see Indiana Code § 34-11-2-4: https://iga.in.gov/laws/2023/ic/titles/34/ar11/ch2/section/4).
• Ask about contingency-fee representation — many injury attorneys only collect fees if you recover money.