Understanding Your Right to Sue After an Assault When You Didn’t Go to the Hospital

Short answer: In Nevada you can generally file a civil lawsuit for assault (or related harms) even if you did not go to a hospital. Not going to the hospital makes proving injuries and damages harder, but it does not automatically bar you from suing. Read on for what matters, how to preserve evidence, deadlines, and practical next steps.

Detailed answer

1. Civil claims vs. criminal charges

There are two separate legal tracks after an assault:

• Criminal: The state may charge the attacker with an offense under Nevada criminal law (Chapter 200 and related sections). Criminal prosecution is handled by the state and does not depend on you filing a civil suit. For more on Nevada criminal statutes related to assaults, see Nevada’s statutes, Chapter 200: NRS Chapter 200.
• Civil: You can sue the attacker for damages in civil court. Civil claims include assault, battery (harmful or offensive contact), intentional infliction of emotional distress, and sometimes negligence. In civil court you seek money damages, and possibly injunctive relief (e.g., a restraining order in related proceedings).

2. Not going to the hospital: effects on a civil case

Hospital records are strong evidence of injury, timing, and treatment. If you didn’t go to the hospital, the challenges you may face include:

• Weaker contemporaneous medical documentation of injuries.
• Greater importance of other evidence (photos, witness statements, police reports, later medical exams).
• Potential arguments by the defense that injuries were not serious or were caused by something else.

However, absence of an emergency room visit does not prevent you from suing. Courts allow many forms of proof. A later medical exam, photographic evidence taken soon after the incident, testimony from witnesses, and a police report can all support your claim. The civil burden of proof is lower than in criminal cases: you must prove your case by a preponderance of the evidence (more likely than not).

3. Statute of limitations in Nevada

If you plan to bring a civil claim for personal injuries from an assault or battery, Nevada’s general statute of limitations for personal injury actions applies. In Nevada you typically have two years from the date of the injury to file a civil lawsuit for personal injuries. See Nevada Revised Statutes, general actions and limitations: NRS 11.190.

4. What types of damages can you seek?

• Compensatory damages: medical bills, lost wages, pain and suffering, and emotional distress. If you didn’t go to the hospital, you can still claim pain and suffering and later medical expenses if you obtain treatment after the incident.
• Punitive damages: in some intentional tort cases, courts may award punitive damages to punish especially malicious conduct. Availability depends on the facts and applicable law.

5. Evidence that helps when there are no immediate hospital records

• Photographs of injuries, bruises, torn clothing, or the scene taken as soon as possible after the assault.
• Written statements and contact information of witnesses.
• A police report, if you reported the incident. Filing a police report adds an official contemporaneous record.
• Later medical records and doctor’s notes explaining the injuries and linking them to the assault.
• Text messages, emails, social media posts, or other communications that document the event or its aftermath.
• Pay stubs or employer letters showing lost work time if you missed work because of the assault.

6. Practical steps to take now

1. Preserve evidence: save clothes, screenshots, photos, and any communications.
2. Get medical attention as soon as feasible—even a delayed exam strengthens documentation and may reveal injuries not immediately apparent.
3. Report the assault to police if you haven’t already. A police report is useful for both criminal and civil matters.
4. Write down your account of what happened while details are fresh, including time, place, and witnesses.
5. Talk to an attorney early. Many personal injury lawyers offer free consultations and can explain your options and likely outcomes.

7. Costs and attorney fees

Many civil attorneys handle personal injury and assault-related cases on contingency fee agreements. That means the lawyer is paid a percentage of any recovery and not hourly fees up front. Ask about costs, fee percentages, and whether the attorney advances expenses for things like investigators or expert reports.

8. Examples (hypothetical)

Example A: You were shoved in a bar, bruised, and chose not to go to the ER. You took photos, got witness names, filed a police report, and later visited your primary care doctor who documented injuries. You can still sue for assault/battery and seek compensation for pain, medical costs from the later visit, and any lost wages.

Example B: You were grabbed and felt threatened but had no visible marks and never sought medical care. A civil claim is possible, but without medical or physical evidence you will likely rely heavily on witness testimony, the attacker’s statements, or other corroborating evidence. Recovery may be harder to prove.

Helpful Hints

• Act quickly: preserve evidence now and be mindful of the two-year statute of limitations for personal injury suits in Nevada: NRS 11.190.
• Even if you feel fine, a delayed medical exam can document injuries and strengthen your claim later.
• Report the assault to police. A police report provides an official record and may help in court.
• Collect witness names and contact info right away while memories are fresh.
• Keep a written diary of symptoms, physical effects, and emotional impacts. Notes created soon after the event are useful evidence.
• Do not post detailed descriptions of the incident on social media; such posts can be used by defendants in litigation.
• Consult an attorney early to understand your legal options and to preserve time-sensitive claims.

Final note and disclaimer

This article explains general principles under Nevada law and common-sense steps to protect your rights. It is not legal advice and does not create an attorney-client relationship. Laws change and every case depends on its facts. If you are considering a lawsuit, consult a licensed Nevada attorney who can review the specifics of your situation and advise you on your options.