Detailed Answer
Short answer: Yes. Under Maryland law you can pursue a civil lawsuit for an assault (or related personal-injury claim) even if you never went to a hospital. A hospital visit is helpful evidence of injury and treatment, but it is not a legal prerequisite to filing a civil action. The key issues are whether you can prove the defendant committed a wrongful act (assault, battery, or another tort) and whether you bring your claim within Maryland’s time limits.
How civil claims for assault work in Maryland
Civil claims for harms caused by another person usually proceed as tort actions such as assault, battery, intentional infliction of emotional distress, or negligence. A civil case focuses on whether the defendant is legally responsible for the harm and on the damages you suffered. That differs from a criminal case, where the State must prove guilt beyond a reasonable doubt and a prosecutor decides whether to charge the person.
Proof and evidence when you did not get hospital care
Not going to the hospital makes some types of evidence harder to obtain, but you can still build a strong case. Useful evidence includes:
- Photographs of any injuries, bruising, cuts, or the scene taken promptly after the incident.
- Records of your own contemporaneous notes about the incident, including date, time, location, what happened, and how you felt.
- Witness statements and contact information for people who saw the incident or its aftermath.
- A police report, if you reported the incident to law enforcement.
- Medical records from any later medical visits, urgent care, or a primary-care provider. Even a delayed exam helps corroborate injury.
- Evidence of lost wages, damaged property, or psychological treatment (therapy records or counselor notes) to document non-physical harms.
Maryland courts allow a wide range of documentation and testimony to establish injury and causation. A medical record is persuasive but not mandatory.
Timing: Maryland’s statute of limitations
For most personal-injury tort actions, Maryland’s statute of limitations requires you to file within three years from the date the cause of action accrues. See Maryland Courts & Judicial Proceedings § 5-101 for the general rule: Md. Code, Cts. & Jud. Proc. § 5-101. If you wait beyond the statutory deadline, a court will very likely dismiss your claim even if you had a valid case.
Civil vs. criminal remedies
You can pursue civil damages regardless of whether a prosecutor brings criminal charges. If the state prosecutes the alleged assailant, that does not prevent you from filing a separate civil lawsuit. Conversely, the absence of criminal charges does not bar a civil claim. Criminal cases are handled by prosecutors; civil cases are handled by you (through an attorney, or on your own in some courts).
Where to file and practical considerations
Choose the right court based on the amount of damages you seek. Maryland District Court handles certain civil cases and lower-dollar claims; higher-value personal-injury claims typically go to the Circuit Court. Visit the Maryland Judiciary site for guidance about filing civil claims: Maryland Courts.
What damages can you seek?
Common recoverable damages in assault-related civil suits include:
- Medical expenses (past and future)
- Pain and suffering
- Lost wages and lost earning capacity
- Emotional distress and therapy costs
- Punitive damages in particularly egregious intentional-wrongdoing cases
Typical next steps if you were assaulted but did not go to the hospital
- Preserve evidence now: photos, names of witnesses, screenshots of communications, and any property damage.
- Consider reporting the incident to police and ask for a copy of any report.
- Seek a medical or mental-health evaluation even if your injuries seem minor. A later medical record can still support your claim.
- Contact an attorney for a case evaluation. An attorney can explain how the facts fit Maryland law, calculate likely damages, and identify the correct court and timing.
- Act promptly to avoid running into the statute of limitations.
Hypothetical example
Alex was shoved in a parking lot and suffered bruises and a sore shoulder but did not go to the emergency room that night. Alex took pictures, wrote down witness names, and reported the assault to the police the next day. Two months later, persistent shoulder pain led to a doctor visit and imaging that documented a soft-tissue injury. Alex has proof of lost work hours while recovering.
Under Maryland law, Alex can file a civil lawsuit for battery and related damages. The later medical records strengthen Alex’s claim, and the police report and witness statements provide additional support. Alex must file within three years of the incident under Md. Code, Cts. & Jud. Proc. § 5-101: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=cj§ion=5-101.
When you should definitely talk to an attorney
Consult an attorney if:
- The injuries required medical care later or are ongoing.
- Lost wages, long-term effects, or high medical bills are involved.
- The facts are disputed or there are criminal proceedings.
- You need help preserving evidence or meeting filing deadlines.
Disclaimer
This article provides general information about Maryland law and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Maryland attorney.
Helpful Hints
- Do not delay collecting evidence—photos and witness names taken immediately are often the most persuasive.
- Even if you initially decline hospital care, get a medical checkup later; delayed treatment records still matter in court.
- Report the incident to police and request the report number; prosecutors may use it, and it helps your civil case.
- Write a dated account of the event while memories are fresh and keep copies of all communications related to the incident.
- Track economic losses (pay stubs, invoices) so you can document damages precisely.
- Act before the three-year statute of limitations expires: see Md. Code, Cts. & Jud. Proc. § 5-101 (mgaleg.maryland.gov).
- Use Maryland court resources at mdcourts.gov for filing instructions and forms.