Detailed Answer
Short overview: After an assault in Louisiana you can pursue a civil claim (a tort action) to recover money damages for medical bills, lost wages, pain and suffering, and other losses. Civil claims for assault are brought under Louisiana’s delictual (tort) law, primarily Louisiana Civil Code art. 2315, and are generally subject to a one‑year prescriptive period (deadline) under La. C.C. art. 3492. This article explains the practical steps to take, the legal basis, typical claims, and key deadlines.
1. Immediate actions (safety and evidence)
Take these steps right away. They protect your health and preserve evidence you will need for a later civil case.
- Get medical attention. Ask for written records and keep all medical bills and reports.
- Call the police and obtain a copy of the police report.
- Preserve physical evidence (clothing, damaged property). Do not wash or discard items that may contain trace evidence.
- Take photos and videos of injuries, the scene, and property damage. Note times and locations.
- Collect contact information for witnesses and ask them for short written or recorded statements if possible.
2. Understand the legal basis for a civil claim in Louisiana
In Louisiana, most personal injury or assault claims proceed as delictual (tort) actions under La. C.C. art. 2315, which provides a cause of action when one person’s fault causes damage to another. See the statute here: La. Civ. Code art. 2315 (search). An intentional assault often supports claims for battery, intentional infliction of harm, and related intentional torts.
3. Typical civil claims you can bring
- Intentional torts (assault/battery) — to recover for bodily injury and emotional harm.
- Negligence — if another party’s careless conduct contributed (for example, inadequate premises security).
- Vicarious or employer liability — if the assailant was acting within the scope of employment, employers or property owners may be liable. See related Civil Code provisions via search: La. Civ. Code art. 2320 (search) and La. Civ. Code art. 2324 (search).
- Claims for damages — economic (medical bills, lost wages) and non‑economic (pain and suffering). In intentional torts, courts may also consider exemplary (punitive) damages depending on the facts and governing law.
4. Key deadline: prescriptive period (statute of limitations)
Louisiana generally requires that delictual actions (including most assault-related civil claims) be filed within one year from the date of injury. See La. C.C. art. 3492: La. Civ. Code art. 3492 (search). Missing this deadline usually bars your case, so act quickly. There are limited exceptions that may extend or interrupt prescription in certain circumstances — consult an attorney promptly to evaluate that possibility.
5. Typical procedural steps to bring the lawsuit
- Consult a Louisiana attorney experienced in personal injury and intentional torts to evaluate your case and preserve rights.
- Demand letter (optional but common): many attorneys send a demand letter to the at‑fault party or their insurer seeking compensation before filing suit.
- File a petition in the proper court — usually the Louisiana district court in the parish where the injury occurred. If the amount sought is small, municipal or city/parish courts may be appropriate for limited claims.
- Serve the defendant(s) with the petition and a citation (formal notice of the suit) according to Louisiana procedure rules.
- Engage in discovery — exchange documents, take depositions, and collect witness testimony and expert evidence (medical experts, accident reconstruction, etc.).
- Settlement negotiation or mediation — many cases resolve before trial.
- Trial — if no settlement, the court or jury will decide liability and damages.
- Judgment and collection — after judgment, legal procedures exist to collect awarded damages if the defendant does not pay voluntarily.
6. Practical evidence and proof tips
To prove a civil assault/battery claim you will generally need:
- Documentation of injuries (medical records, photographs).
- Medical bills and records showing treatment and prognosis.
- Witness statements and police reports.
- Any surveillance footage, mobile phone recordings, or other physical evidence.
- Expert testimony if needed (medical, psychological, or other specialists).
7. Interaction with criminal proceedings
You can pursue a civil claim independently of any criminal charges. Criminal prosecution is handled by the state; civil claims are private lawsuits to recover damages. Criminal acquittal does not automatically prevent a civil recovery, and a criminal conviction can sometimes make proving liability easier in a civil case.
8. Costs and attorney involvement
Most personal injury/assault attorneys handle cases on a contingency fee basis (they get a percentage of recovery). They can front litigation costs and handle paperwork, negotiation, and trial. If money is a concern, ask attorneys about fee arrangements during the initial consultation.
9. When to contact an attorney
Contact an attorney as soon as possible — particularly because the one‑year prescription can run quickly. An attorney can help preserve evidence, advise on whether to pursue a separate protective order, evaluate insurance coverage, and begin the litigation process if needed.
Relevant statutes (for reference): La. Civ. Code art. 2315 (delictual actions) — https://legis.la.gov/Legis/LawSearch.aspx?search=2315; La. Civ. Code art. 3492 (prescription — delictual actions) — https://legis.la.gov/Legis/LawSearch.aspx?search=3492. For related provisions on employer/vicarious liability and joint liability, see searches for 2320 and 2324: 2320, 2324.
Disclaimer: This information is educational only and does not constitute legal advice. I am not a lawyer. For advice specific to your situation and representation, contact a licensed Louisiana attorney promptly.
Helpful Hints
- Act immediately — the one‑year prescriptive period in most tort cases in Louisiana is short.
- Preserve all evidence: photographs, clothing, receipts, medical records, and witness contact information.
- Get a copy of the police report and keep a personal timeline of events and symptoms.
- If injuries are serious, prioritize medical care over documentation — but tell medical providers how the injury occurred so records reflect cause.
- Do not post details or photos of the incident on social media; defendants and insurers may use posts against you.
- Ask about insurance coverage early — the at‑fault person’s homeowner, renter, or automobile insurance may apply.
- Even if criminal charges are declined, you may still have a civil claim. Criminal and civil cases have different standards of proof.
- Speak with more than one attorney if you are uncertain — most offer free initial consultations and can explain deadlines and options.