Quick overview: If someone assaulted you in Indiana, you can pursue a civil lawsuit (a personal injury action) to recover medical expenses, lost wages, and compensation for pain and suffering. You can also seek a protective order to prevent further contact. Below are the practical steps, legal deadlines, and evidence you will need to bring a civil claim.

Statute of limitations (time limit)

Most civil claims for assault, battery, and other personal injuries in Indiana must be filed within two years from the date of the injury. See Indiana’s civil limitations rules for actions for injuries to the person: Ind. Code § 34-11-2-4. Missing this deadline usually bars your ability to recover in court, so act promptly.

Types of civil claims you can bring

• Assault and battery: Intentional acts that caused you to fear or suffer harmful or offensive contact.
• Negligence: If someone’s careless behavior caused your injury (for example, a third party acted negligently and that conduct led to an assault-related injury).
• Intentional infliction of emotional distress: For extreme, outrageous conduct that caused severe emotional harm.
• Claims for related losses: Medical bills, lost income, property damage, and pain and suffering. In rare cases, punitive damages may be available against particularly blameworthy defendants.

Criminal prosecution vs. civil claim

Criminal charges for assault may proceed separately under Indiana criminal law (see criminal statutes collected at the Indiana General Assembly: Title 35, Article 42 (offenses against the person)). A criminal conviction can help your civil case as evidence, but prosecutors work for the state; you must still bring a private civil suit to recover money damages.

Practical steps to bring a civil claim in Indiana

1. Seek immediate medical care and document injuries. Get medical records and bills. If you delayed treatment, get an explanation from a medical provider linking your symptoms to the assault.
2. Report the assault to police. A police report creates an independent record. Copies of the report and any arrest records help your civil case.
3. Preserve evidence. Keep clothing, photographs of injuries and the scene, medical receipts, texts, social media messages, and contact information for witnesses. Note dates, times, and your written recollection of what happened while memory is fresh.
4. Consider a protective order if you fear further harm. Indiana offers civil protective orders in certain situations to prevent contact. See Indiana’s protective order provisions: Ind. Code § 34-26-5 (protective orders). A protective order is separate from a money damages lawsuit.
5. Decide whether to try settlement or file suit. You can send a demand letter to the at-fault person or their insurer requesting compensation. Often insurers will open an investigation and may offer a settlement. If talks fail, file a complaint in the appropriate trial court (usually the Superior or Circuit Court where the assault occurred). Small-claims procedures may apply for smaller amounts, but serious assault claims typically require formal civil litigation.
6. File the complaint and serve the defendant. A complaint starts the lawsuit. The court clerk will provide local forms, filing fees, and rules about service of process. In Indiana, sheriffs or professional process servers typically serve the defendant with the complaint and summons.
7. Engage in discovery and prepare for trial or settlement. Both sides exchange evidence (medical records, depositions, interrogatories). Most cases settle before trial, but be prepared to present medical proof, witness testimony, and documentation of damages at trial.
8. Obtain judgments and enforce them if you win. If the court awards money, you may need post-judgment steps to collect, such as garnishments or liens, depending on the defendant’s ability to pay.

Practical considerations and courtroom basics

• Document economic damages (medical bills, receipts, lost pay) and non-economic damages (pain and suffering). Non-economic damages are harder to quantify—medical records and testimony help.
• Insurance: If the assailant has liability insurance, the insurer may handle defense and settlement. Obtain the insurer’s identity early.
• Burden of proof: In civil cases you must prove liability by a preponderance of the evidence (more likely than not), a lower standard than criminal cases.
• If the defendant acted intentionally and maliciously, you may be able to seek punitive damages, but those have special standards and limits under Indiana law and may require specific pleading and proof.

When to talk to an attorney

Talk with a personal injury attorney if injuries are serious, the facts are disputed, liability is unclear, or you expect significant damages. A lawyer can evaluate evidence, handle settlement negotiations, calculate full damages, and guide you through court rules and deadlines. If you cannot afford an attorney, some firms offer free consultations and contingency-fee representation (they get a percentage only if you recover money).

Useful Indiana legal resources

• Indiana General Assembly — civil limitations: Ind. Code § 34-11-2-4
• Indiana General Assembly — protective orders: Ind. Code § 34-26-5
• Indiana criminal statutes (assaults and related offenses): Title 35, Article 42
• Find local court information and clerk contact details through the Indiana Judicial Branch website (search for your county’s Superior or Circuit Court).

Important deadline reminder: Because the time to file a civil claim is limited, begin collecting evidence and speaking to counsel promptly to preserve your rights.

Disclaimer

This article is for general information only and is not legal advice. I am not a lawyer. For guidance tailored to your exact situation, consult a licensed Indiana attorney.

Helpful Hints

• Write down your memory of the incident immediately, including dates, times, and witness names.
• Get copies of all medical records and bills; insurers and courts rely heavily on medical documentation.
• Ask the police for the incident report number and officer’s name so you can obtain the report later.
• Photograph visible injuries and the scene as soon as possible with a timestamp if available.
• Preserve any clothing or physical evidence in a paper bag (not plastic) and keep it dry.
• Do not post details about the incident or your injuries on social media; opposing parties can use public posts as evidence.
• If someone threatens you, consider filing for a civil protective order quickly—this is separate from a lawsuit and can provide immediate safety measures.
• Keep a damage log showing dates you missed work and the wages you lost; get written verification from your employer if possible.
• Consult a lawyer before accepting any settlement offer; initial offers may be much lower than the claim’s true value.