How a civil assault or battery claim works in Michigan

Civil claims are separate from criminal charges. A criminal case is prosecuted by the state; a civil lawsuit is brought by you to recover money or other relief. Michigan recognizes the intentional torts of assault and battery:

• Assault (civil): an act that causes another person to reasonably fear imminent harmful or offensive contact.
• Battery (civil): intentional, unpermitted, and harmful or offensive contact with another person.

To win a civil claim, you typically must prove the elements by a preponderance of the evidence (more likely than not).

Why not going to the hospital does not bar a lawsuit

Courts do not require a hospital visit as a condition to file a lawsuit. A hospital record is merely one piece of evidence. Other evidence can prove injury or the defendant’s intent and conduct. Examples include:

• Photographs of injuries, torn clothing, or blood;
• Witness statements and contact information;
• Video or audio recordings (phone, surveillance, doorbell cameras);
• Police reports or 911 call records;
• Text messages, social media messages, or other communications that show threats or admissions;
• Later medical or counseling records if you sought care after the incident;
• Personal journal notes, dated and describing pain, events, or lost work time.

If you did seek later medical or mental-health treatment, obtain and preserve those records. They can help link the incident to your injuries and damages.

What damages you can seek

In Michigan civil assault/battery cases you can typically seek:

• Compensatory damages for medical expenses (past and future), lost wages, and property damage;
• Non-economic damages such as pain and suffering and emotional distress;
• Punitive damages in limited cases when the defendant’s conduct was malicious or willful;
• Attorney fees and court costs only when a statute or contract allows them.

Important timing rules (statute of limitations)

Michigan imposes time limits to start a civil lawsuit. For personal-injury claims, including assault or battery, the usual limitations period is three years from the date of the injury. If you miss that deadline, a court will likely dismiss your claim. For the law text about time limits, see the Michigan Compiled Laws on actions and limitations: MCL 600.5805 (statute of limitations).

Interaction with criminal cases and victim services

You can report the incident to police even if you don’t plan to see a doctor. Prosecutors decide whether to file criminal charges. A criminal conviction can support a civil claim (though it is not required). Conversely, a civil verdict does not automatically produce criminal penalties.

If you are a crime victim, Michigan offers victim services and possible compensation. For information and help, see the Michigan Attorney General’s victim resources: Michigan Attorney General victim services.

Practical steps to take if you want to preserve a civil claim

1. Document everything now: photos, written timeline, location, names of witnesses, and any communications with the other party.
2. Report the incident to police and get a copy of any report.
3. If you have any injury—physical or emotional—consider seeing a medical professional and keep all records.
4. Preserve electronic evidence (save texts, back up video files, do not delete social media posts).
5. Get an initial consult with a local attorney who handles personal injury or intentional-tort cases. An attorney can evaluate the evidence, explain deadlines, and advise on venue and likely damages.
6. Act before the statute of limitations expires. Even if you delay medical care, the clock usually starts on the date of the incident.

When an attorney will say a case is weak

Attorneys consider these common problems when assessing a case:

• No corroborating witnesses, photos, or other evidence;
• Long delay between the incident and any report or documentation;
• Conflicting witness statements;
• Lack of provable damages (minimal or no economic loss, no evidence of pain or impairment).

Even a weak case may have value—deterrence, settlement, or establishing a pattern if there are multiple incidents. Discuss options with an attorney.

How to find local representation

Search for attorneys who handle personal injury, intentional torts, or civil litigation in Michigan. Look for lawyers who offer a free initial consultation and who handle cases on contingency (paid only if you recover). You can also contact your county bar association or the State Bar of Michigan for lawyer referral services: State Bar of Michigan.