Detailed answer — filing a civil assault or personal-injury claim without hospital treatment

Short answer: Yes. In Nebraska you can file a civil lawsuit (for assault, battery, or other personal-injury claims) even if you did not go to the hospital after the incident. Not seeking immediate medical care does not by itself bar your right to sue. However, not having contemporaneous medical records or emergency treatment can make proving the nature and extent of your injuries and damages harder. You will need other forms of evidence to support your claim.

What kind of civil claim can you bring?

You generally have two civil avenues after an assault:

• Intentional torts (assault, battery) — claims that the defendant intended to cause harmful or offensive contact or created an immediate apprehension of harmful contact.
• Negligence/personal injury — if the harm arose from careless conduct rather than an intentional attack.

Will the lack of a hospital record stop my case?

No, but it affects proof. In civil cases you must show by a preponderance of the evidence that the defendant caused your injury and the amount of your damages. A hospital record is strong evidence of injury and causation, but other evidence can suffice, such as:

• Photographs of visible injuries (bruises, cuts, swelling) with timestamps.
• Photographs or video of the scene and any property damage.
• Witness statements or sworn affidavits describing the assault and your condition afterward.
• Later medical examinations and records (urgent care, primary care, specialist, mental-health records). A delayed visit still creates medical documentation.
• Employer records showing time off work, pay stubs, or a supervisor’s statement about effects on employment.
• Receipts for out-of-pocket expenses (medical bills, therapy, medication, repair costs).
• Any police report or 911 call logs if law enforcement was notified.

How will a court assess credibility and damages?

Courts and juries consider consistency, plausibility, and corroboration. If you delayed treatment, expect opposing counsel to question whether injuries were caused by the assault or by some other event. To strengthen your case, explain the reasons for the delay (fear, shock, lack of insurance, difficulty accessing care) and produce corroborating evidence showing you were injured in the incident.

Time limits — Nebraska statute of limitations

File within the applicable time limit. For most personal-injury actions in Nebraska, the statute of limitations is four years from the date the injury occurred. See Neb. Rev. Stat. § 25-207 for the general rule on actions for injuries to the person. If you wait too long, the court will likely dismiss your claim as time-barred: Neb. Rev. Stat. § 25-207.

Criminal charges are separate

Filing a civil lawsuit is separate from criminal prosecution. Even without hospital records, you can report the assault to police. Prosecutors decide whether to file criminal charges. A criminal conviction can help a civil case, but it is not required to win in civil court.

Practical next steps

1. Document everything now: take photos, write a detailed account of what happened, and identify witnesses.
2. Seek medical evaluation as soon as you can, even if delayed. A medical record created days later still supports your claim.
3. Consider filing a police report to create an official record of the incident.
4. Preserve evidence: clothing, torn items, messages, or videos related to the assault.
5. Talk to a civil attorney about the strength of your case and to learn about deadlines and likely damages. Many personal-injury attorneys offer free consultations.

When an attorney might advise against suing

An attorney may warn that a case has low likelihood of success when there is weak evidence of injury, no corroborating witnesses, very minor or preexisting injuries, or when the costs of litigation likely exceed the recoverable damages. An attorney can evaluate whether mediation or a demand letter is a better first step.

Disclaimer: This information is educational only and not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Nebraska attorney.

Helpful hints

• Act quickly to preserve evidence and witness contact information.
• Photograph injuries and the scene with dates/times if possible.
• If you cannot afford emergency care, still see a doctor or clinic later to obtain medical records.
• File a police report—official records strengthen your position even if you don’t seek immediate medical care.
• Keep a contemporaneous journal documenting pain, medical visits, missed work, and emotional effects.
• Ask about a contingency-fee arrangement (the lawyer gets a percentage only if you recover) if you worry about up-front costs.
• Be truthful and consistent: inconsistencies about how injuries happened undermine credibility.
• Confirm deadlines—most personal-injury claims in Nebraska must be filed within four years: see Neb. Rev. Stat. § 25-207 (link).