Detailed Answer
This page explains the practical steps to pursue a civil claim after an assault in Pennsylvania, how the process works, what evidence matters, and key deadlines to protect your rights. It is written for people with no legal background.
Overview — civil case vs criminal case
An assault can lead to two distinct legal paths. Criminal prosecutors may pursue charges to punish the defendant. Separately, you can file a civil lawsuit to seek money damages (and sometimes injunctive relief) for injuries and losses you suffered. A civil claim uses a lower proof standard (preponderance of the evidence) than a criminal case (beyond a reasonable doubt). You may proceed with a civil case whether or not criminal charges are filed.
Step-by-step: What to do right away
- Ensure safety. Get to a safe place immediately. Call 911 if you are in danger and seek help from friends, family, or local support services.
- Seek medical attention. Get medical care even if injuries seem minor. Medical records and photographs of injuries are essential evidence in a civil claim.
- Report the assault to police. Ask for and keep a copy of the police report and the officer’s contact information. Police documentation strengthens a civil case but is not required to file one.
- Preserve physical evidence. Keep clothing, torn items, photographs, the location, video or audio recordings, and any object used in the assault. Avoid washing or discarding items that may contain forensic evidence.
- Collect witness information. Get full names, phone numbers, and written statements from any witnesses as soon as possible while details remain fresh.
Before you file: documentation and assessment
Organize records and documents a lawyer or court will expect:
- Medical records, bills, and photographs of injuries.
- Police reports and incident numbers.
- Contact and statement information for witnesses.
- Any communications with the defendant (texts, emails, social media).
- Proof of out-of-pocket expenses, lost income, or property damage.
With these items you (or an attorney) can evaluate the strength of a civil claim, possible damages, and whether settlement negotiation makes sense.
Legal claims you can bring in Pennsylvania
Common civil claims after an assault include:
- Assault — placing someone in reasonable fear of imminent harmful or offensive contact.
- Battery — actual harmful or offensive contact.
- Intentional infliction of emotional distress — for extremely outrageous conduct causing severe emotional harm.
- Negligence — if a third party (for example, a property owner or employer) failed to take reasonable steps to prevent foreseeable harm.
- Vicarious liability — holding an employer accountable for an employee’s acts in some situations.
Key Pennsylvania deadline: statute of limitations
Most intentional-personal-injury claims such as assault must be filed within two years. This deadline is set by the Pennsylvania statute of limitations. See 42 Pa.C.S. § 5524, which lists causes of action requiring suits begin within two years: 42 Pa.C.S. § 5524. Missing the statute of limitations usually bars your civil claim. Some claims (for example, certain child sexual-abuse claims or tolling situations) may follow different rules—ask a lawyer quickly to confirm deadlines that apply to your situation.
Filing the lawsuit: courts and procedure
Basic procedural steps in Pennsylvania civil litigation:
- Choose the correct court and venue. Typically you file where the assault occurred or where the defendant lives. Requirements differ by county and by the amount claimed. For practical filing rules and local court contacts, see the Pennsylvania Courts site: pacourts.us.
- Prepare a complaint (civil claim form). The complaint explains who is suing, who is sued, the facts, legal claims, and the damages you seek.
- Serve the defendant. A court-approved method must deliver the complaint and a summons to the defendant within the rules’ time frame.
- Defendant’s response. The defendant must answer or raise defenses. The case then moves into discovery and pretrial steps.
Discovery, settlement, and trial
After filing, parties exchange information (written questions, documents, depositions). Many cases settle before trial. Settlement negotiations, mediation, or court-ordered alternative dispute resolution often resolve claims faster and with less cost than a trial. If the case goes to trial, a judge or jury decides liability and any award. After a judgment, you may need additional steps to collect the award.
Types of damages you can seek
- Medical expenses (past and future)
- Pain and suffering
- Lost wages and reduced earning capacity
- Property damage
- Punitive damages (available in some intentional-wrong cases where the defendant’s conduct was especially malicious)
How a lawyer can help
An attorney can help evaluate your claim, collect and preserve evidence, calculate damages, negotiate with insurers, file court papers, handle discovery, and represent you at trial. If you cannot afford a lawyer, look for local legal aid organizations or lawyer referral services provided by county bar associations.
Special considerations
- Criminal conviction or acquittal. A criminal conviction helps a civil case, but you can still sue even if there is no criminal proceeding or the defendant is acquitted.
- Minors. If the injured person is a minor, different rules about when the statute of limitations begins may apply.
- Domestic violence. If the assault was by an intimate partner, you may also seek protective orders or other family-court remedies; consult counsel or local victim services.
- Insurance. The defendant’s insurance (if any) often pays civil claims. Contact an attorney early so you do not inadvertently damage your recovery.
Helpful Hints
- Take pictures right away of injuries and the location of the incident. Time-stamped photos help prove when harm occurred.
- Keep a detailed incident journal. Write down what happened as soon as you can, including date/time, events, and people present.
- Preserve electronic evidence: screenshots, messages, and video files. Back them up and do not delete material that could be relevant.
- Ask for copies of all medical records and bills, even for emergency visits.
- Get witness contact details promptly. Memories fade and witnesses move on.
- Act quickly on deadlines. The two-year limitation for many assault claims under 42 Pa.C.S. § 5524 is strict; consult a lawyer early to confirm your deadline: 42 Pa.C.S. § 5524.
- Do not post detailed descriptions of the incident on social media; those posts can be used against you in court.
- Consider contacting a lawyer for a free consult to learn whether your claim is strong and what to expect in costs and timing.