Short answer
Yes. In Texas you can pursue a civil lawsuit for an assault (an intentional tort) even if you did not go to a hospital. Criminal charges are separate from civil claims. You do not need a hospital record to file a civil case, but you will need evidence to prove the assault and to establish the damages you suffered.
Detailed answer — how this works under Texas law
Criminal vs. civil: two separate tracks
Assault is a crime under the Texas Penal Code (see the statutory definition at Tex. Penal Code § 22.01). A criminal prosecution is brought by the state and can lead to fines or prison for the defendant. Separately, you can bring a civil lawsuit against the person who assaulted you to recover money for harms you suffered. The civil claim is based on tort law (intentional torts such as assault and battery, and sometimes related causes of action like intentional infliction of emotional distress).
Elements of a civil assault/battery claim
To win a civil claim, you must generally prove that the defendant acted intentionally (or knowingly), that they caused harmful or offensive contact (battery) or created a reasonable fear of such contact (assault), and that you suffered harm as a result. The “harm” can be physical injury, emotional distress, lost wages, or other losses.
You do not need a hospital visit to sue — but you do need evidence
Not going to the hospital does not bar a civil case. Courts accept many types of evidence beyond medical bills: photos of injuries, clothing damage, witness statements, police or 911 reports, text messages, social media posts, surveillance video, and your own sworn statement about pain and emotional effects. If you later seek medical care, those records can strengthen the claim, but their absence is not fatal.
Types of damages you can seek
- Economic damages: medical expenses (past and future), lost wages, and measurable costs.
- Non‑economic damages: pain and suffering, emotional distress, loss of enjoyment of life.
- Punitive damages: in some intentional‑tort cases you may seek punitive damages to punish particularly wrongful conduct, but Texas law places limits and special pleading requirements on punitive claims.
Deadlines — statute of limitations
Most personal injury and assault-based civil claims in Texas must be filed within two years of the date of the incident. See Tex. Civ. Prac. & Rem. Code § 16.003. Missing the deadline usually means the court will dismiss the claim, so act promptly.
Reporting to police and criminal cases
Filing a police report is optional for a civil case but often helpful. A police report or a 911 recording can be used as evidence in civil court and may trigger a criminal investigation. Criminal prosecutions and civil lawsuits can proceed at the same time.
Where you can file
Smaller claims may be appropriate for Justice of the Peace (justice) court; larger claims go to county or district court. Jurisdictional limits and procedural rules differ depending on the court. An attorney can advise where to file based on the amount you seek and the facts of the case.
When hospital records help
Medical records are strong objective evidence of injury, prognosis, and cost. If you have not gone to the hospital yet but plan to, document the visit and ask for copies of records and billing statements. If you treated with a primary care physician, urgent care, or mental‑health provider, those records are helpful as well.
Practical realities
Even if you can sue, consider these practical points: the defendant’s ability to pay or carry insurance; the strength of your evidence; and the potential cost of litigation. Some people resolve cases through settlement negotiations or mediation rather than a full trial.
Helpful hints
- Preserve evidence now: take dated photos, save texts, preserve clothing, and write a contemporaneous account of what happened.
- Get contact information for witnesses and ask whether they will provide a written or recorded statement.
- Consider filing a police report as soon as possible to document the incident.
- If you later seek medical care, request copies of all records and bills — even a primary‑care visit strengthens your record of injury.
- Note the date of the incident and calendar the two‑year statute of limitations (Tex. Civ. Prac. & Rem. Code § 16.003: link).
- Collect proof of any financial loss (pay stubs, invoices) to support economic damages claims.
- Contact a local attorney for a case assessment—many offer a free consultation to review evidence and options.
- If you fear for your safety, consider protective measures (restraining orders) and contact local law enforcement or victim‑assistance resources immediately.
How an attorney can help
A lawyer can evaluate whether your facts support an assault or related tort claim, gather and preserve evidence, identify the proper court, calculate damages, negotiate settlements, and represent you at trial if necessary. If you want to pursue criminal charges, an attorney can also explain how civil and criminal processes interact in your case.