How to Bring a Civil Claim After an Assault in Kentucky
Short answer: Get medical care and a police report, preserve evidence and witness information, learn the applicable time limit, decide whether to sue in District (small claims) or Circuit Court, file a complaint (usually for assault and/or battery and related torts), serve the defendant, and then pursue discovery, settlement talks, or trial. This article explains each step in plain language and points to Kentucky law and court resources.
Disclaimer
This is general information only and is not legal advice. Laws change and every situation differs. Consult a licensed Kentucky attorney before taking legal action.
Detailed answer — step by step
1. Get medical care immediately and document injuries
Your health comes first. Seek emergency or follow-up medical care. Medical records document the nature and extent of injuries and form key evidence in a civil claim for damages. Keep copies of all medical bills, imaging, prescriptions, and notes about pain, disability, or emotional effects.
2. Report the assault and get the police report
Call 911 or report to the local police. A police report creates an official record. If a criminal case results, criminal proceedings and civil proceedings are separate: a criminal conviction can help your civil claim, but civil courts can proceed regardless of criminal outcomes.
3. Preserve evidence and record witness information
Preserve clothing, photos, videos, and any object involved. Take dated photos of injuries and the scene. Write down everything you remember while it’s fresh. Get contact information for witnesses. If the assailant communicated threats by text or social media, save and back up those messages.
4. Identify the correct legal claims you can bring
Common civil claims after an assault under Kentucky law include:
- Assault: an intentional act that causes reasonable apprehension of imminent harmful or offensive contact.
- Battery: an intentional and harmful or offensive physical contact.
- Intentional infliction of emotional distress: for extreme or outrageous conduct causing severe emotional harm.
- Negligence or premises liability: if a third party (like a bar, property owner, or employer) failed to take reasonable steps to prevent the assault.
An attorney can evaluate which claims fit your facts and whether you should add related contract or statutory claims (for example, if the defendant had a legal duty under a specific law).
5. Know the time limit to file (statute of limitations)
Kentucky law sets time limits for filing civil suits. These limits vary by claim. You should start your claim promptly. See Kentucky’s statutes on limitation of actions for the specific limitation period that applies to your case. You can review Kentucky Revised Statutes on limitations at the Kentucky Legislature’s site: https://apps.legislature.ky.gov/law/statutes/ (search for KRS 413.140 and related sections).
6. Decide where to file — District Court (small claims) or Circuit Court
Kentucky District Courts handle small claims and lower-dollar civil matters; Circuit Courts handle larger claims and more complex civil cases. If you seek a small amount in damages, District Court small-claims procedures may be faster and simpler. Consult the Kentucky Court of Justice website for court locations, filing fees, and limits: https://courts.ky.gov.
7. Draft and file the Complaint
The civil case begins when you (the plaintiff) file a complaint (sometimes called a petition) alleging the facts and legal claims and requesting damages or other relief. The complaint must properly name the defendant and be filed in the correct court with required filing fees. Many plaintiffs hire an attorney to prepare and file the complaint because mistakes can be costly.
8. Serve the defendant with process
After filing, you must deliver (serve) the complaint and summons to the defendant according to Kentucky rules. Proper service is required before the court can act on your claim.
9. Discovery and motion practice
After the defendant answers, both sides exchange evidence through discovery: interrogatories (written questions), requests for documents, depositions, and requests for admissions. Either side can file motions (requests) with the court—e.g., to dismiss the case or ask for summary judgment—depending on the facts and legal theory.
10. Settlement, mediation, or trial
Most civil cases settle before trial. You can negotiate directly, through attorneys, or using mediation. If no settlement is reached, the case proceeds to trial where a judge or jury decides liability and damages. Kentucky courts may require or encourage mediation in some cases.
11. Collecting a judgment
If you win, you receive a judgment. Collecting money can require additional steps (wage garnishment, liens, bank levies) if the defendant won’t pay voluntarily. An attorney can help enforce a judgment.
Helpful legal and practical hints
- Start early. Evidence fades and witnesses move. Statutes of limitation can bar claims if you wait too long.
- Keep a careful file: medical records, photos, bills, police report, witness contacts, and communication logs.
- Ask your medical provider to document whether injuries are consistent with assault and how the injuries affect daily life and work.
- Even if the criminal case is pending, contact a civil attorney early to protect civil rights and preserve evidence.
- Think about non-economic damages (pain and suffering, emotional distress) as well as economic losses (medical bills, lost wages). Kentucky courts may award both if supported by evidence.
- If a business or property owner’s negligence contributed to the assault (poor security, known danger), you may have additional claims against that party.
- Be cautious about public social media posts. Defendants’ attorneys can use public posts to challenge your claims.
- If money is limited, ask about contingency-fee representation: many personal-injury attorneys take fees only if they recover money for you.
Where to find Kentucky statutes and court information
Official Kentucky statutes and chapter references are available at the Kentucky Legislature site: https://apps.legislature.ky.gov/law/statutes/. For court procedures, filing locations, forms, and small-claims information, see the Kentucky Court of Justice: https://courts.ky.gov.
When to contact an attorney
Contact a Kentucky civil attorney as soon as possible if you have significant injuries, large financial losses, complicated facts (multiple defendants, injured on someone’s property, employer involved), or difficulty identifying the assailant. An attorney can evaluate damages, advise about criminal proceedings, preserve claims, and represent you through settlement or trial.
Remember: this information is educational and not a substitute for legal advice specific to your situation. Consult a licensed Kentucky attorney to discuss your options.