Pennsylvania: Suing After an Assault Without Hospital Treatment — What You Need to Know

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Your Options After an Assault When You Did Not Seek Hospital Care

This FAQ-style guide explains, under Pennsylvania law, how someone can pursue civil relief after being assaulted even if they did not go to a hospital. It covers the differences between criminal and civil cases, what evidence matters, time limits, and practical steps to protect your rights.

Detailed Answer

Can a civil claim be brought without hospital treatment?

Yes. In Pennsylvania you can bring a civil lawsuit for assault (or related torts such as battery, intentional infliction of emotional distress, or negligence) even if you never went to a hospital. Civil claims require proof by a preponderance of the evidence (more likely than not). Medical records help prove injury and damages, but they are not required. Other forms of evidence can support your case and show the harm you suffered.

How civil and criminal cases differ

The criminal case is brought by the state under statutes such as the criminal assault statute, 18 Pa.C.S. § 2701 (link). The prosecutor must prove guilt beyond a reasonable doubt. A civil case is a private lawsuit seeking money or other relief; the standard is lower and the plaintiff controls whether to file. Criminal charges can proceed regardless of whether you went to a hospital; similarly, a civil suit is independent of criminal prosecution.

What you will need to prove in civil court

  • That the defendant acted intentionally or recklessly (for assault/battery) or was negligent (for other claims).
  • That the defendant’s conduct caused you harm.
  • What damages you suffered (medical costs, pain and suffering, lost wages, emotional distress, etc.).

You can prove these elements with a combination of witness statements, photographs of injuries or the scene, surveillance video, contemporaneous messages or voicemails, a police report, later medical exams, and your own sworn testimony or diary entries describing pain and impact on daily life.

Why hospital records help (and what to do if you did not go)

Medical records provide contemporaneous, professional documentation of injury and treatment and can strongly support claims for damages. If you did not seek hospital care immediately, consider getting a medical or urgent-care exam as soon as possible to document injuries and any delayed symptoms. Even later exams can show objective findings that link to the assault.

Time limits: statute of limitations

Most personal-injury actions in Pennsylvania, including assault and related torts, are subject to a two-year statute of limitations. See 42 Pa.C.S. § 5524 (actions to recover damages for injuries to the person or character) (link). That means you generally must file suit within two years from the date of the injury, though specific circumstances can change that deadline. Missing the deadline usually bars the claim, so act promptly.

Criminal protective remedies

If the incident involves domestic or intimate-partner violence, the Protection From Abuse Act provides civil protection options such as protection orders. See 23 Pa.C.S. Ch. 61 (link). Protective orders and criminal proceedings are separate from a civil claim for damages.

Practical effects of not going to the hospital

  • Evidence Challenge: Opposing parties may argue injuries were minor or fabricated. You will need other corroborating evidence.
  • Damages Proof: Without clear medical bills or records your monetary recovery for medical costs may be limited, though non-medical damages (pain and suffering, emotional distress) remain recoverable.
  • Health Risk: Not seeking care risks worsening injuries. Consider a medical exam for both health and evidentiary reasons.

Next steps to protect your case

  1. Document everything now: take dated photos of injuries, write a detailed account of the incident, preserve texts, social-media posts, or voicemails.
  2. File a police report if you have not already. Police documentation helps both criminal and civil matters.
  3. Seek medical attention even if delayed—an urgent care, primary care, or specialist visit can create medical records that link injury to the incident.
  4. Collect witness contact information and any physical evidence (clothing, broken items, etc.).
  5. Talk with a civil attorney promptly to evaluate your claim, deadlines, and likely damages. If you cannot afford a private attorney, ask about victim services or legal aid in your area.

Costs and forum

Civil suits require filing fees and sometimes expert witness costs. Minor-amount claims may be filed in magisterial district court or the appropriate civil division; an attorney can advise which forum fits your case and budget. Also ask about contingency-fee representation—many personal-injury lawyers advance costs and take a fee only if you recover.

When a criminal case is filed

A criminal prosecution by the Commonwealth does not prevent you from also pursuing a civil lawsuit. Outcomes may influence each other (for example, a criminal conviction can be persuasive evidence in a civil case), but they remain legally distinct actions.

Helpful Hints

  • Do not delay documenting injuries. Photos and contemporaneous notes strengthen your claim.
  • Get a medical exam even if you feel okay—the body can show internal or delayed symptoms.
  • File a police report to create an official record, even if you do not want the officer to press charges.
  • Preserve electronic evidence: screenshots of threatening messages, video files, and metadata can be crucial.
  • Ask witnesses for written statements and contact details as soon as possible.
  • Check the two-year deadline under 42 Pa.C.S. § 5524 and consult an attorney to confirm any exceptions that may apply (statute link).
  • If safety is a concern, learn about civil protection orders under the Protection From Abuse Act (23 Pa.C.S. Ch. 61) (statute link).
  • Contact local courts or the Pennsylvania Judiciary website for filing information: pacourts.us.

Resources

Disclaimer: This article is for general informational purposes and does not constitute legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed attorney in Pennsylvania.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.