Overview
This FAQ explains, in plain language, the practical steps to bring a civil claim after an assault under New Mexico law. It assumes no prior legal knowledge. The goal is to help you gather the information and evidence you need, understand the basic process, and know when to talk to an attorney.
Disclaimer: This is educational information, not legal advice. Consult a licensed New Mexico attorney before making legal decisions.
1. Quick actions right after an assault (preserve your rights)
- Get to safety and seek medical care. Immediate medical attention preserves your health and creates medical records that are critical evidence.
- Report the incident to police. File a police report even if you do not want criminal charges—the report documents the event and can support your civil claim.
- Preserve evidence. Take photos of injuries, the scene, and any property damage. Keep clothing and other physical evidence in a paper bag. Save texts, social media posts, voicemails, and contact information for witnesses.
- Write down what happened. As soon as you can, record a dated, factual account of events while your memory is fresh.
2. How a civil claim after an assault works in New Mexico — the basics
A civil claim for an assault usually proceeds as a personal-injury lawsuit. In New Mexico you can bring causes of action such as assault and battery (intentional torts), or related claims like intentional infliction of emotional distress, or negligence against a third party (for example, an employer or property owner) if their conduct contributed to the assault.
Civil claims are separate from criminal charges. Criminal prosecution is brought by the state; civil cases are brought by the injured person (plaintiff) to recover damages — medical costs, lost wages, pain and suffering, and sometimes punitive damages.
3. Time limits — act promptly
Most personal injury and assault-related civil claims are subject to a statute of limitations (a deadline for filing suit). Under New Mexico law, there is a limited time to file a civil action for bodily injury. Because deadlines differ by claim type and facts (minors, government defendants, tolling rules, etc.), act quickly.
For official statute text and more detail, see the New Mexico Legislature site: https://www.nmlegis.gov. If you wait past the deadline you may lose the right to sue.
4. Typical step-by-step civil process
- Get an initial legal consultation. A lawyer who handles personal injury and assault/torts will evaluate liability, damages, possible defendants, and whether insurance or other sources can pay claims.
- Demand/settlement negotiations. Many cases begin with a written demand to the at-fault party or their insurer describing your injuries and asking for compensation. Insurers often respond and some claims settle here.
- File a complaint (if settlement fails). If the defendant won’t settle, your attorney files a complaint (lawsuit) in New Mexico district court or another proper court. The complaint starts the civil case.
- Service of process. The defendant must be properly served with the complaint and summons.
- Answers and motions. The defendant files an answer and may file motions (for example, to dismiss). The court rules and local procedure govern timing.
- Discovery. Both sides exchange evidence through written questions (interrogatories), document requests, and depositions. This is where witness statements, medical records, photos, and other proof are developed.
- Settlement discussions and alternative dispute resolution. Many cases settle before trial. The court or parties may use mediation or settlement conferences.
- Trial (if needed). If no settlement occurs, the case proceeds to trial where a judge or jury decides liability and damages.
- Judgment and collection. If you win, the court enters judgment. Collecting money may require additional steps if the defendant does not pay voluntarily.
5. What you must prove
In an intentional tort case (assault/battery), you generally must show:
- The defendant acted intentionally (or with intent to cause apprehension of harmful or offensive contact);
- You suffered contact or a reasonable apprehension of contact (depending on the claim); and
- You suffered harm (physical injury, medical expenses, emotional harm, etc.).
For negligence claims against third parties (e.g., employer, property owner), you must show the defendant breached a duty of care and that breach caused your injuries.
6. Common evidence to collect for a civil assault claim
- Medical records, bills, and doctor statements.
- Emergency room and ambulance reports.
- Photographs and videos of injuries and the scene.
- The police report and investigating officer’s contact information.
- Witness names, phone numbers, and written statements if possible.
- Communication records (texts, social media, emails).
- Pay stubs and employer records showing lost income.
- Receipts for out-of-pocket expenses (repairs, therapy, etc.).
7. Damages you can seek
- Economic damages: medical bills, future medical care, lost wages, lost earning capacity.
- Non-economic damages: pain and suffering, emotional distress, loss of enjoyment of life.
- Punitive damages: in New Mexico, punitive damages may be available in intentional or reckless misconduct cases, but rules and caps can apply.
- Criminal restitution: separate from civil damages, a criminal court may order restitution to reimburse certain losses.
8. Suing the right parties
Often the person who assaulted you is the natural defendant. But you may also have claims against third parties in some situations, for example:
- An employer whose employee assaulted you during work duties.
- A property owner who failed to provide reasonable security on their premises.
- A government entity — note special rules and shorter deadlines often apply when suing government defendants.
9. Costs and lawyer fees
Many personal injury attorneys work on contingency (they are paid a percentage of your recovery). Others charge hourly or flat fees for discrete tasks. Expect case costs (filing fees, expert fees, deposition costs). Discuss fee structure and who advances costs at your first meeting.
10. When to consult an attorney
- If you have significant injuries or medical bills.
- If the facts of who is responsible are unclear.
- If an insurer contacts you (do not sign releases without legal advice).
- If you believe you may need to file suit or face tight deadlines.
11. Resources for New Mexico residents
- New Mexico Legislature (statutes and legal research): https://www.nmlegis.gov
- New Mexico Courts — Self Help and court locations: https://www.nmcourts.gov/self-help/
- Free or low-cost legal help: search local legal aid groups or LawHelp New Mexico (nonprofit resources).
Helpful Hints
- Act fast: collect evidence and contact an attorney promptly to avoid losing rights under time limits.
- Document everything: contemporaneous notes are very persuasive in court.
- Keep copies of all records: medical, financial, communications, and police reports.
- Do not give recorded statements to insurers without consulting counsel.
- Save receipts for out-of-pocket expenses — they can be recovered as damages.
- If the defendant is a business or government agency, ask your lawyer about special notice requirements and shorter filing deadlines.
- Be cautious about public social media posts — defense attorneys may use them to challenge your claim.
- Consider both criminal and civil remedies. Even if criminal charges are declined, you may still pursue a civil claim.
If you want, I can help you prepare a checklist of evidence to bring to an attorney or provide a plain-language sample timeline for building a claim in New Mexico.
Reminder: this information is educational and not legal advice. Speak with a licensed New Mexico attorney about your specific situation.