Bringing a Civil Claim After an Assault in Maine: A Step-by-Step FAQ

Disclaimer: This is general information, not legal advice. I am not a lawyer. If you need legal advice about your specific situation, consult a licensed Maine attorney.

Quick answer

If someone assaulted you in Maine and you want to bring a civil claim, you should (1) get to safety and medical care, (2) report the incident to police, (3) preserve evidence and document everything, (4) identify the person who harmed you, (5) file a civil complaint in the appropriate court before the statute of limitations expires, and (6) pursue discovery, settlement talks, or trial. Below is a detailed roadmap of each step and important Maine-specific points to help you prepare.

Detailed Answer: Steps to bring a civil claim after an assault in Maine

1. Immediate safety and medical care

Put your safety first. Seek emergency medical attention for injuries, even if they seem minor. Medical records are critical evidence of injury and causation. Ask for copies of all medical reports, x-rays, and bills.

2. Report the incident to law enforcement

Call 911 if you are in danger. Filing a police report creates an official record of the assault. A criminal case and a civil case are separate: the state prosecutes crimes, while you bring a civil lawsuit for money damages or injunctive relief. A criminal conviction can be helpful evidence in a civil claim, but you do not need a conviction to proceed civilly.

3. Preserve and gather evidence

Collect and preserve anything that documents the assault and its consequences:

• Photographs of injuries, the scene, and damaged clothing;
• All medical records and bills; keep originals and get copies;
• Witness names and contact information; ask for written statements when possible;
• Physical evidence (clothing, broken items) stored in a safe place;
• Text messages, emails, social media posts, audio or video recordings;
• Keep a detailed personal journal with dates and times.

4. Identify the right legal claims and the defendant

Common civil claims after an assault include assault and battery (intentional torts), negligent infliction of emotional distress, and negligence (e.g., if a property owner failed to provide adequate security). If the assailant acted intentionally, you may be able to seek compensatory damages (medical bills, lost wages, pain and suffering) and possibly punitive damages in appropriate cases.

5. Know and meet the deadline (statute of limitations)

Every state limits how long you have to sue. In Maine, many personal injury and tort actions must be filed within a statutory time limit. For general reference to Maine’s laws on civil actions and limitations, see Maine Revised Statutes, Title 14 (Actions). It is crucial to act promptly — missing the deadline can bar your claim. See Maine Revised Statutes, Title 14: https://www.mainelegislature.org/legis/statutes/14

6. Choose the right court

The proper court depends on the amount of damages you seek and the circumstances. Minor claims sometimes proceed in small-claims court (more informal and faster), while larger personal injury claims generally go to District or Superior Court. The Maine Judicial Branch website explains where to file and local procedures: https://www.courts.maine.gov

7. Filing the complaint and serving the defendant

To start a civil case you (or your attorney) file a complaint (or statement of claim) that explains the facts, legal basis, and damages sought. After filing, the defendant must be properly served with copies of the complaint and a summons according to Maine rules. If you cannot locate the defendant, special service or alternative methods may apply; an attorney can help with that.

8. Discovery, motions, and settlement negotiation

After initial pleadings, both sides exchange information through discovery (written questions called interrogatories, document requests, depositions). Most cases settle before trial. Mediation or settlement conferences are common. Keep documentation of settlement offers and communications.

9. Trial and judgment

If you cannot settle, your case will go to trial where a judge or jury decides liability and damages. If you obtain a judgment, you may need post-judgment procedures to collect money (garnishment, liens, or other enforcement tools).

10. Other remedies to consider

In some cases, you may also seek a protective or restraining order if you fear further harm. Criminal restitution ordered by a court in a criminal proceeding may cover some of your losses, but restitution does not replace a civil claim for full damages.

Helpful Hints

• Act quickly. Statutes of limitations run from the date of the assault or discovery of injury; delays can destroy rights.
• Document everything. Photos, medical records, witness contacts, and a contemporaneous journal are invaluable.
• Save receipts and bills for medical treatment, transportation, property repair, and other costs tied to the assault.
• Limit public postings about the case on social media. Opposing parties can use statements and photos against you.
• Ask police for a copy of the incident report and make sure it lists witnesses and contact information.
• Consult a Maine attorney early — many offer free or low-cost initial consultations to evaluate legal options and deadlines.
• Consider both civil and criminal paths. Criminal prosecution is handled by the state; it may help your civil claim but is not required.
• Preserve physical evidence and maintain chain-of-custody details if evidence is transferred or stored.
• Be aware of potential defenses (self-defense, consent, mistaken identity) and the need to prove fault and damages.

For statutes and court procedures, the Maine Legislature and Maine Judicial Branch websites are primary resources: Maine Revised Statutes, Title 14 (Actions) and Maine Judicial Branch. For legal advice tailored to your facts and deadlines, consult a licensed Maine attorney.