How to pursue a civil claim after an assault in Montana — Detailed answer and practical steps

Short answer: If you were assaulted in Montana, you can bring a civil claim (a tort action) against the person who harmed you to recover money for medical bills, lost wages, pain and suffering, and sometimes punitive damages. Civil claims follow a series of steps: preserve evidence, consider reporting the criminal assault, obtain medical records, demand compensation, and then file a civil complaint in court if the demand is not resolved. Act quickly — Montana’s time limits apply.

What a civil assault claim covers

In Montana a civil assault claim typically involves one or two separate intentional-tort theories:

• Assault: conduct that causes a reasonable fear or apprehension of an imminent harmful or offensive contact.
• Battery (or intentional physical harm): actual harmful or offensive contact.

Through a civil action you can seek compensation (damages) for:

• Medical and rehabilitation costs
• Lost earnings and lost earning capacity
• Pain and suffering and emotional distress
• Out-of-pocket expenses related to the assault
• In some cases, punitive damages when the defendant’s conduct was malicious or maliciously reckless

Key Montana law to keep in mind

Statute of limitations: Most personal-injury actions in Montana must be filed within the time limit set by state law. For actions for injury to the person or character, Montana’s limitation period applies — review the Montana Code Annotated. See Montana Code Annotated § 27-2-204 for the time limits that typically apply to injuries to person and character: https://leg.mt.gov/bills/mca/27/2/27-2-204.htm.

Criminal vs civil: An assault can also be a criminal offense under Montana law. A criminal prosecution does not prevent you from bringing a civil claim, and a criminal investigation may produce helpful evidence. See Montana criminal assault statutes for the criminal definitions and procedures: https://leg.mt.gov/bills/mca/45/5/45-5-201.htm.

Step-by-step: How to bring a civil claim after an assault in Montana

1. Get immediate medical care and document injuries. Seek medical attention right away. Keep every medical record, bill, imaging result, and written treatment plan. Photos of injuries (date-stamped) are vital.
2. Preserve evidence and create your contemporaneous record. Save clothing, torn items, or objects involved in the assault. Write down your memory of what happened while it is fresh: time, location, sequence, witnesses, and the attacker’s words or actions.
3. Report to law enforcement (optional but recommended). Filing a police report can create an official record of the assault and lead to evidence collection (photos, statements, arrest reports) that help a civil case. A criminal case is separate from a civil claim; you can pursue both.
4. Identify witnesses and collect contact details. Get names, phone numbers, and written witness statements if possible. Witness testimony strengthens credibility at every stage.
5. Calculate damages and keep bills/receipts. Track medical bills, receipts for related expenses, and records of lost income. These documents support your damages claim.
6. Consider a demand letter. Many civil cases begin with a written demand to the defendant (or the defendant’s insurer) describing the assault and the compensation you seek. A demand may resolve the claim without a lawsuit.
7. Hire an attorney or evaluate filing yourself. For serious injuries, an attorney can assess liability, preserve evidence, handle settlement negotiations, and represent you in court. For minor claims, Montana’s justice/small-claims process may be an option — check the local court rules and filing limits.
8. File a complaint (lawsuit) if settlement fails. If the demand does not produce an acceptable result, the next step is filing a civil complaint in the appropriate Montana court. The complaint states your theory of the case and the relief you seek. The court will issue a summons to serve on the defendant.
9. Service of process. Have the defendant properly served with the complaint and summons according to Montana court rules. Proper service is required to proceed.
10. Discovery and pretrial procedures. Both sides exchange evidence (written questions, documents, depositions). Parties often negotiate, mediate, or attend settlement conferences to avoid trial.
11. Trial or settlement. If you cannot settle, the case goes to trial. A judge or jury decides liability and damages. After judgment, you may need enforcement steps to collect money awarded.

Practical timelines and deadlines

Montana’s statutes set deadlines (statutes of limitations) to start a lawsuit. Missing the deadline can bar your ability to recover. See Montana Code Annotated § 27-2-204 for the applicable limitations on actions for injury to the person or character: https://leg.mt.gov/bills/mca/27/2/27-2-204.htm. If you are unsure which deadline applies to your situation, consult an attorney promptly.

How much does a civil assault case typically cost?

Costs vary by complexity. Common expenses include attorney fees (contingency or hourly), court filing fees, expert witness fees, and costs of obtaining records. Many attorneys handle personal-injury cases on a contingency-fee basis (they get paid only if you recover). Ask any attorney you consult about fee arrangements and costs up front.

When to hire an attorney

• Significant or permanent injuries
• Large medical bills or lost wages
• Complicated liability facts (multiple parties, provocation, self-defense claims)
• Potential punitive damages or emotional-distress claims
• If the defendant is represented by counsel or denies responsibility

Helpful hints

• Act quickly: preserve evidence and get legal advice before time bars apply.
• Document everything: photos, dates, receipts, and names of witnesses.
• Keep copies of all medical records and bills in one organized file.
• One written demand letter can prompt settlement; have an attorney draft it if the defendant or insurer is uncooperative.
• If law enforcement investigated, obtain the police report and include it in your civil claim file.
• Understand the difference between criminal and civil cases: winning one does not guarantee winning the other, but evidence from a criminal case can help a civil case.
• Ask potential attorneys about their experience with assault/tort cases and their fee structure (contingency, hourly, or hybrid).
• Consider mediation as a faster, less-expensive way to resolve a dispute than a full trial.

Disclaimer

This information is educational only. It is not legal advice, does not create an attorney-client relationship, and may not reflect the most recent law changes. For advice about your specific situation, contact a licensed Montana attorney.