Detailed answer — overview and step-by-step process

Hypothetical: You are pushed during an argument at a bar, fall, and suffer a broken wrist. You want to pursue a civil claim to recover medical bills, lost wages, and compensation for pain and suffering.

1. Get safe and get medical care first.

   Prioritize your safety and health. Seek emergency care or see a doctor. Medical records document your injuries and are critical evidence for a civil claim and possible criminal prosecution.

2. Report the incident to law enforcement and get a copy of the report.

   Call the police or file an official report. A police report can support your civil claim by establishing facts and identifying witnesses or suspects.

3. Preserve and collect evidence.

   Keep clothing, take dated photos of injuries and the location, and save texts or social media posts about the incident. Write down everything you remember while it’s fresh, including times, words exchanged, and witnesses’ names.

4. Identify the defendant(s).

   You must know who you will sue. In addition to the person who assaulted you, you may investigate whether a business or property owner shares liability (for example, if security failures contributed to the assault).

5. Understand what you can recover.

   Typical damages in an assault claim include medical expenses, lost earnings, pain and suffering, and in some cases punitive damages where the defendant’s conduct was especially malicious.

6. Consider informal resolution first (demand letter / settlement).

   Your attorney or you can send a demand letter describing the injuries and damages and asking for a settlement. Many cases settle before filing a lawsuit.

7. File a civil complaint if settlement fails.

   If you cannot resolve the case informally, the next step is filing a complaint (also called a “writ” or “petition” in some courts) with the appropriate Virginia court to start a civil lawsuit. The complaint explains who is being sued, the facts, the legal claims (assault, battery, intentional infliction of emotional distress, negligence, etc.), and the damages sought.

8. Service of process.

   After filing, the defendant must be served with the complaint and a summons. Proper service is required for the court to have power over the defendant.

9. Discovery and pre-trial steps.

   Both sides exchange information (medical records, witness statements, depositions, documents). Motions addressing legal issues may be filed. Many cases settle during this phase.

10. Trial and judgment or settlement.

    If no settlement is reached, the case goes to trial. A judge or jury decides liability and damages. If you win, the court enters a judgment which may be enforced by collection actions (garnishment, liens, writs of execution).

Timing: know the deadline to sue

In Virginia most personal injury actions, including actions for assault and battery, have a two-year statute of limitations. That means you generally must file your civil lawsuit within two years of the date the cause of action accrues. For the exact language, see Virginia Code §8.01-243: https://law.lis.virginia.gov/vacode/title8.01/chapter5/section8.01-243/.

Which court to file in?

Court choice depends on the amount of damages and other procedural rules. Some smaller claims are handled in General District Court; larger or more complex tort claims are in Circuit Court. Local clerk’s offices and court websites list filing procedures and jurisdictional limits.

How criminal cases affect civil claims

A criminal prosecution for assault is separate from a civil lawsuit. The criminal case is brought by the state and may provide useful evidence for your civil case (police reports, testimony). A criminal conviction can strengthen your civil claim but is not required to win in civil court.

When to talk to an attorney

Consider consulting a Virginia civil attorney early if you have serious injuries, unclear liability, or need help preserving complex evidence. Many personal injury attorneys provide free initial consultations and may handle such cases on a contingency fee basis (they are paid a percentage of any recovery).

Helpful hints

• Seek medical care immediately and keep all medical records and bills.
• Get a copy of the police report and note the incident number and officer’s name.
• Photograph injuries, the scene, and any property damage right away with dates shown if possible.
• Preserve clothing and other physical evidence in paper bags (not plastic) if possible.
• Write a contemporaneous account of the incident while your memory is fresh.
• Collect witness names, phone numbers, and written statements when you can.
• Keep a record of time missed from work and any wage loss documentation.
• Talk to an attorney before giving recorded statements to an insurance company.
• Be aware of the two-year deadline under Virginia law; do not delay filing if you risk letting the deadline pass. See: Va. Code §8.01-243.
• Check local court websites or contact the clerk for filing rules, fees, and forms for your county or city.