Detailed Answer

Yes — you can pursue a civil lawsuit for harm caused by an assault even if you did not go to the hospital. Criminal prosecution and civil lawsuits are separate. A criminal case is brought by the state to punish the offender; a civil case is brought by the injured person to recover money and other remedies. Maine’s criminal statutes governing assault are in Title 17-A of the Maine Revised Statutes (see the criminal code overview: https://legislature.maine.gov/statutes/17-A/).

How a civil claim works

In Maine, a civil claim for an assault typically proceeds as a tort action (commonly called battery or intentional tort) or as a negligence claim if the fact pattern fits. The standard of proof in a civil case is a preponderance of the evidence (more likely than not), which is lower than the criminal standard.

Do you need a hospital visit to sue?

No. You do not need to have been treated in a hospital to file. However, medical records and objective documentation of injuries strongly help a civil case. If you did not go to a hospital, other evidence can still support your claim:

• Photographs of injuries and torn or blood-stained clothing taken soon after the incident.
• Witness statements and contact information for people who saw the incident or its aftermath.
• Police reports or 911 call recordings if police were notified.
• Later medical treatment records (doctor, urgent care, mental health provider) and receipts for any care you do receive.
• Messages, texts, social media posts, or video that document the event or the perpetrator’s conduct.

Timing — statute of limitations

Maine imposes time limits on bringing civil claims. Personal injury claims are subject to Maine’s civil statutes of limitations. It is important to act promptly to preserve your rights. For an overview of Maine’s civil statutes (including limitations), see Title 14 of the Maine Revised Statutes: https://legislature.maine.gov/statutes/14/. If you wait too long, you may lose the right to sue.

Types of recoverable damages

If you win a civil case you may recover:

• Medical expenses (past and future).
• Lost wages and lost earning capacity.
• Pain and suffering and emotional distress.
• Property damage (for damaged clothes or belongings).
• Punitive damages in limited cases where the defendant’s conduct was especially reckless or malicious.

Interaction with criminal cases

You can pursue a civil claim whether or not prosecutors bring criminal charges. If police investigated, the prosecutor’s file may provide useful evidence. Conversely, a criminal conviction can make the civil case easier to prove, but it is not required for a civil recovery.

Practical issues when you did not seek immediate medical care

Delaying medical care can make proving the extent and cause of injuries harder but not impossible. Notes you take soon after the incident, photos with timestamps, statements from witnesses, and any later medical examinations can all help. If you’re afraid to seek medical care right away, consider a confidential visit to urgent care or a forensic/sexual-assault examination if applicable.

Next steps

1. Preserve evidence now: photos, messages, clothing, and witness contacts.
2. Consider filing a police report if you have not. A police report can support both criminal and civil claims.
3. Seek medical and mental-health care as soon as you can; obtain records and bills.
4. Contact a Maine personal injury or civil attorney for an evaluation. An attorney can explain likely damages, timing, and costs, and can often handle evidence gathering and negotiation.

Helpful Hints

• Do not wait to preserve evidence. Take photos immediately and save messages.
• Get medical attention even if you initially feel fine. Some injuries appear later.
• File a police report to create an official record, especially for serious conduct.
• Write down your own account while memories are fresh — dates, times, locations, and witnesses.
• Keep all receipts and records for any expenses related to the assault (transportation, treatment, counseling).
• Ask about victim services. Maine agencies and local offices can help with safety planning and referrals.
• Contact a Maine attorney promptly to preserve your claim and to learn about deadlines in your situation — see Maine statutes (Title 14) for civil actions: https://legislature.maine.gov/statutes/14/.
• Remember: civil and criminal processes are separate. A lack of hospital treatment does not by itself bar a civil claim.