Detailed answer under Missouri law
Yes. Under Missouri law you can pursue a civil lawsuit for assault (or related torts such as battery or intentional infliction of emotional distress) even if you did not go to the hospital after the incident. Civil claims and criminal prosecutions are separate: a criminal case is brought by the state, while a civil case is brought by you to seek money or court orders. You do not need a hospital record to start a civil case, but the strength of your case will depend on the evidence you can produce.
How civil assault and battery claims work in Missouri
Civil torts for assault and battery are rooted in common law. Generally:
- An assault claim normally requires proof that the defendant intentionally caused you to fear or apprehend imminent harmful or offensive contact.
- A battery claim requires proof that the defendant intentionally made harmful or offensive contact with you.
Missouri courts will consider the facts and evidence (photographs, witness testimony, security footage, messages, physical marks, medical records if any, and police reports) to decide whether those elements are met.
Criminal prosecution is separate
Criminal assault laws are codified in Missouri’s penal code (see Mo. Rev. Stat. chapter 565). The prosecutor decides whether to charge a person, and criminal charges can proceed even if you did not go to a hospital. The burden of proof in criminal court is higher (“beyond a reasonable doubt”) than in civil court (“preponderance of the evidence”). For Missouri criminal assault statutes, see: Mo. Rev. Stat. chapter 565 (Assault).
Time limits and legal deadlines
Missouri limits how long you have to file civil claims. These deadlines are in the statutes that govern limitation of actions. It’s important to act promptly or you risk losing the right to sue. See: Mo. Rev. Stat. chapter 516 (Limitation of Actions) for the relevant rules and time frames.
Evidence matters — how not going to the hospital affects your case
Not going to the hospital does not prevent a lawsuit, but it can make proving the extent of physical injury harder. Typical evidence that helps when a hospital visit is absent includes:
- Clear photographs of bruises, cuts, swelling, or torn clothing taken immediately after the incident and over following days to show healing.
- A contemporaneous written account of the incident (date, time, location, what happened, and who watched or helped).
- Witness statements and contact information for anyone who saw the assault or its aftermath.
- A police report or filed complaint describing the incident.
- Texts, emails, social media messages, or voicemails from the assailant or others discussing the event.
- Later medical records from a clinic, urgent care, or private physician if you seek care after the fact (these can still be entered as evidence).
- Photographs or copies of damaged property, torn clothing, or other physical evidence.
Even if you did not seek emergency treatment, it is often helpful to get a medical or forensic exam as soon as you can. Delayed medical records that document injuries and treatment will strengthen your claim.
Types of compensation you might seek
In a civil suit a plaintiff may seek:
- Medical expenses (past and future)
- Lost wages or lost earning capacity
- Pain and suffering and emotional distress
- Property damage
- Punitive damages in cases of particularly malicious or reckless conduct
The availability and amount of damages will depend on the facts and proof.
Practical steps to take right away
If you were assaulted and did not go to the hospital, consider these immediate steps:
- Report the incident to local police and get a copy of the police report or the report number.
- Take and preserve photographs of injuries and the scene, and keep torn clothing or other physical evidence in a safe place.
- Collect names and contact information for witnesses.
- Write a dated, detailed account of the incident while your memory is fresh.
- Consider getting medical attention even if delayed — a clinic or physician can document injuries and provide treatment.
- Avoid deleting messages, social media posts, or pictures that relate to the incident.
- Contact an attorney for a consultation to discuss civil options and potential timelines for filing a claim.
When to get a lawyer
If the injuries or losses are significant, if the facts are disputed, or if the defendant denies responsibility, a lawyer can help gather evidence, preserve your legal rights, evaluate damages, and represent you in negotiations or court. Many personal-injury attorneys offer free consultations and work on contingency (they get paid only if you recover). Even if you are unsure, a brief consult can clarify your rights and statute-of-limitations deadlines.
Resources and statutes
Relevant Missouri law pages:
- Missouri criminal assault statutes: Mo. Rev. Stat. chapter 565 (Assault)
- Missouri limitation of actions (time limits for civil suits): Mo. Rev. Stat. chapter 516 (Limitation of Actions)
Contact your local court clerk or a licensed Missouri attorney for specific guidance about how the statutes apply to your situation.
Disclaimer: This article explains general information about Missouri law and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Missouri attorney.
Helpful Hints
- Report the assault to police as soon as possible — a police report can be powerful evidence even without hospital records.
- Document injuries with time-stamped photos and a written journal entry on the day of the incident.
- Get medical documentation later if you initially decline emergency care — delayed medical records still help your case.
- Preserve digital evidence: save texts, emails, voicemails, and social posts; take screenshots that show time and date.
- Keep physical evidence (clothing, damaged property) in a clean, dry place; do not wash bloodstained clothing before law enforcement reviews it.
- Ask witnesses for written or recorded statements and current contact information.
- Act quickly and consult an attorney about time limits in Mo. Rev. Stat. chapter 516.
- If you fear for your safety, ask the court about a protective order and contact local victim services for help.