Can I sue for assault in Ohio if I didn’t go to the hospital?

Short answer: Yes. In Ohio you can file a civil lawsuit for assault or other personal injuries even if you did not seek immediate hospital treatment. The strength of your case will depend on the available evidence, how the law applies to the facts, and meeting critical deadlines—most importantly the statute of limitations.

Detailed answer — how this works in Ohio

What kinds of claims can you bring?

There are two tracks to understand: criminal and civil. Criminal charges (brought by the state) punish the offender. A civil lawsuit (brought by you) seeks compensation for harm.

Common civil claims after an altercation include:

• Assault (the intentional act that creates a reasonable fear of imminent harmful or offensive contact).
• Battery (intentional harmful or offensive contact).
• Intentional infliction of emotional distress.
• Negligence (if someone’s careless conduct caused the injury).

Ohio courts allow victims to pursue civil claims even if prosecutors choose not to file criminal charges or if criminal charges fail. The civil court standard (preponderance of the evidence) is lower than the criminal standard (beyond a reasonable doubt).

Does not going to the hospital kill my case?

No, but it can make parts of your case harder. Immediate medical records provide strong, objective evidence of injury and timing. Without them, the other side may argue your injuries were minor, preexisting, or fabricated.

You can still prove your claim using other evidence types (see list below). A delayed medical visit, photographs of injuries, witness statements, a police report, and other documentation often suffice to establish injury and causation.

Important deadline — statute of limitations

Most civil claims for bodily injury in Ohio must be filed within two years from the date of the injury. See Ohio Revised Code § 2305.10: https://codes.ohio.gov/ohio-revised-code/section-2305.10.

Missing the limitations period usually bars your case. Some narrow exceptions and tolling rules can apply (for example, for minors or other special circumstances), so consult an attorney promptly if you are near a deadline.

What evidence can you use when there are no hospital records?

Use every available source:

• Photos and videos of injuries, bruising, torn clothing, or the scene. Time-stamp them if possible.
• Witness statements and contact information for people who saw the incident.
• Police reports and incident numbers—file a police report even if you didn’t go to a hospital.
• Messages, texts, emails, or social-media posts related to the event (threats, admissions, or photos).
• Later medical records (urgent care, primary care, physical therapy, dental, or mental-health visits).
• Pay stubs or employer records showing lost time at work.
• Surveillance camera footage from nearby businesses or traffic cameras.
• Receipts for expenses (medical copays, prescriptions, vehicle or clothing repair).

Steps to take now

1. Report the assault to the police and obtain the incident number.
2. Get medical attention as soon as you can—even a delayed visit creates a medical record that documents injury and treatment.
3. Take clear photos of visible injuries and the scene. Preserve clothing or other physical evidence.
4. Write a contemporaneous account: date, time, location, what happened, and possible witnesses.
5. Collect witness names and contact info and ask witnesses for short written statements if they will provide them.
6. Preserve electronic evidence: screenshots of messages, social posts, or video files.
7. Contact a personal-injury attorney for a consultation. Many Ohio attorneys offer free initial consultations and handle cases on contingency.

What damages can you seek?

If you prove liability in civil court, you may recover:

• Medical expenses (past and reasonably anticipated future care).
• Lost wages and lost earning capacity.
• Pain and suffering and emotional distress.
• Out-of-pocket costs related to the incident.
• In intentional- harm cases, possibly punitive damages to punish particularly malicious conduct (subject to legal standards).

Criminal reporting and civil suits are separate

Even without a hospital visit, you can and should report the assault to law enforcement. Criminal prosecutors decide whether to file charges. You can file a civil claim regardless of whether criminal charges are filed or the outcome of any criminal case.

When the other party is a government employee or entity

If the assault involved a government employee or occurred on government property, special rules and shorter notice periods may apply. Do not delay: consult an Ohio attorney to learn whether you must file a notice of claim or follow other special procedures.

Helpful Hints

• Act quickly. The two-year limitations period in Ohio for bodily injury claims is strict: https://codes.ohio.gov/ohio-revised-code/section-2305.10.
• Even if you feel OK, get checked. Some injuries (concussions, internal injuries, soft-tissue damage) show up later.
• File a police report. A report gives your claim immediate documentation and helps preserve evidence.
• Document everything. Dates, names, photos, receipts, and witness contact information matter.
• Preserve digital evidence. Save texts, voicemails, social posts, and video files in unedited form.
• Don’t post detailed accounts or admission-of-fault statements on social media. Opposing lawyers can use your posts in court.
• Ask about contingency fees. Many personal-injury attorneys accept cases on contingent-fee agreements—no fee unless you recover.
• Consult an Ohio attorney early if the assault involves police, government employees, or serious injury—special procedures often apply.

Next step: If you want help evaluating whether to file suit, gather your timeline, photos, police report number, and any witness contacts, and seek a consultation with a licensed Ohio attorney. They can explain your chances, expenses, and the best path forward.

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