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Overview — civil claims after a physical attack in Oregon

If you were physically assaulted, you can often bring a civil case to recover money for medical bills, lost wages, pain and suffering, and sometimes punitive damages. A civil case is separate from any criminal charges the state may bring. The civil process focuses on proving the defendant’s legal liability and the harm you suffered.

Key Oregon law to know

• Statute of limitations for most personal-injury and assault-related civil claims in Oregon: see Oregon Revised Statutes, Chapter 12 (time limits on filing). Start here: ORS Chapter 12. In most ordinary assault or personal-injury cases you must file within two years—see the statutes in that chapter for specifics.
• Small-claims, circuit-court filing rules, and procedural forms are handled by the Oregon Judicial Department. Information on small claims and civil filing is available at the Oregon Courts site: Oregon Judicial Department.

Step-by-step practical process

1. Ensure immediate safety and document the incident.

   Your safety comes first. Seek medical care for injuries and keep all records. Take photos of injuries, the scene, clothing, and any property damage as soon as you can. Write down everything you remember about the event while it is fresh.

2. Report to law enforcement and get a police report.

   Call 911 (if urgent) or report the assault to the local police. A criminal investigation is separate, but a police report documents the event and is often critical evidence in a civil case.

3. Preserve and collect evidence.

   Keep medical records, bills, photos, witness names and contact information, text messages, social media posts, surveillance video, receipts, and any clothing involved. Don’t alter or discard relevant items.

4. Identify the correct defendant.

   You must sue the person (or business) legally responsible. If a third party (for example, a bar or property owner) contributed to the assault through negligence, they might also be a defendant. Early investigation helps identify all potential defendants.

5. Decide whether to start with demand/negotiation.

   Many cases begin with a written demand letter describing injuries and damages and requesting payment. Insurance companies often respond to demands; an early settlement can avoid court.

6. Choose where and how to file if negotiations fail.

   For larger claims you file a civil complaint in the county circuit court where the assault occurred. For smaller monetary claims (check current Oregon limits), consider small claims court—see the Oregon Courts small-claims information: Small Claims — Oregon Courts.

7. File the complaint and serve the defendant.

   Draft a complaint listing the facts, legal claims (assault, battery, negligence, etc.), and the damages you seek. File it with the court clerk and arrange formal service of process on the defendant. Failure to properly serve the defendant can delay or derail the case.

8. Proceed through discovery and pretrial steps.

   Both sides exchange evidence and ask written questions (interrogatories), depositions, and requests for documents. Discovery builds proof of liability and damages. Many cases settle after discovery.

9. Try settlement, mediation, or go to trial.

   Court-ordered or voluntary mediation can resolve the case without trial. If no settlement, the case proceeds to trial where a judge or jury decides liability and damages.

10. Collect any judgment.

    Winning in court does not guarantee payment. You may need additional steps to enforce the judgment (garnish wages, levies, liens) depending on the defendant’s assets.

What damages can I seek?

Common recoverable damages include medical expenses, future medical costs, lost wages, diminished earning capacity, pain and suffering, and emotional distress. In intentional, malicious, or particularly egregious assaults, punitive damages may be available to punish the defendant and deter similar conduct.

Timing: statute of limitations

Oregon imposes deadlines for filing civil actions for injuries to the person. See Oregon Revised Statutes, Chapter 12, for the applicable time limits and exceptions. Missing the deadline will likely bar your claim, so act quickly. ORS Chapter 12 is here: https://www.oregonlegislature.gov/bills_laws/ors/ors012.html.

Practical tips about legal help and costs

• Many personal-injury attorneys handle assault claims on contingency (they get a percentage of recovery and charge no upfront attorney fee). Ask about fees and costs in writing.
• If damages are small, you may file in small claims court without an attorney. Small-claims procedures are designed for people without lawyers: Oregon Small Claims.
• Look for local legal aid, victim-advocate resources, and the Oregon Judicial Department’s resources for victims if you need help with protective orders, safety planning, or immediate court filings: Oregon Courts.

When to talk to an attorney

Speak to an attorney if the injury is serious, the defendant might claim self-defense, multiple parties may be liable, or you need help enforcing a judgment. A lawyer can evaluate proof you’ll need, estimate damages, explain likely costs, and represent you through settlement or trial.

Helpful Hints

• Act quickly. Preserve evidence and get a police report and medical records as soon as possible.
• Write a contemporaneous account with dates, times, locations, and witness information while memories are fresh.
• Keep all receipts, invoices, and proof of lost income to support damage claims.
• Take photos of injuries repeatedly as they heal — photos showing progression help prove severity and duration of pain.
• Save all communications with the defendant or insurance companies. Don’t admit fault or minimize injuries in writing.
• If you need a protective or restraining order, contact the court clerk or local victim-advocate office immediately. The Oregon courts can help with forms and process.
• Ask potential lawyers about experience with assault cases, contingency-fee rates, and how they handle costs (expert witnesses, deposits for filing fees, etc.).