Detailed Answer
This article explains whether you can bring a civil claim after being assaulted in Washington if you did not go to a hospital right after the incident. This is educational information only and is not legal advice.
Short answer: Yes. Not going to a hospital does not automatically prevent you from filing a civil lawsuit for an assault. However, the absence of immediate medical treatment can make proving the extent of your injuries and damages harder. Washington draws a distinction between criminal charges (prosecuted by the state) and civil claims (filed by the injured person). You can pursue a civil claim for an intentional tort such as assault or related claims (battery, intentional infliction of emotional distress, negligence, or a third‑party liability claim) even if prosecutors do not file criminal charges or you did not seek emergency medical care.
What Washington law covers?
- Criminal assault statutes are in the Washington Criminal Code chapter on assault: RCW Chapter 9A.36 (Assault). Those rules guide criminal prosecutions.
- Civil actions for injuries to the person are subject to Washington’s statute of limitations. The general limit for actions for injury to the person is in RCW 4.16.080. File quickly to protect your rights.
How a civil assault claim works in Washington
In a civil case, you must prove your claim by a preponderance of the evidence (more likely than not). Common civil claims after an assault include:
- Assault (intentional act causing a reasonable apprehension of harmful or offensive contact).
- Battery (intentional, harmful or offensive contact).
- Intentional infliction of emotional distress, where conduct is extreme and outrageous and causes severe emotional harm.
- Negligence or premises liability, if a property owner or employer’s conduct or conditions contributed to the harm.
Why medical records matter — and what to do if you didn’t go to the hospital
Medical records are strong evidence of injury, causation, and treatment costs. If you did not go to the hospital, you can still document injuries and damages:
- Seek medical care as soon as reasonably possible. A delayed visit still creates a medical record that links the assault to your injuries.
- Document symptoms daily (pain, swelling, headaches, emotional distress). Keep a written diary or secure dated electronic notes.
- Take clear photos of visible injuries, torn clothing, damaged personal items, or the location where the assault occurred.
- Collect contact information for witnesses and ask them for written statements if they agree.
- Report the incident to police and obtain a copy of the police report. A police report helps corroborate the event even without immediate hospital care.
- Preserve any physical evidence (clothing, objects) in a safe place.
Common issues you will face in court
- Credibility and causation: Defense may argue injuries resulted from another cause. Timely medical records and corroborating evidence limit that argument.
- Damages: Without bills or receipts, it is harder to prove medical costs. You can still seek damages for pain and suffering, emotional distress, and lost wages, but you need supporting proof.
- Statute of limitations: Washington law limits how long you have to sue. See RCW 4.16.080 and consult an attorney promptly to avoid losing your right to sue.
Practical next steps (example scenario)
Example: You were shoved and hit outside a bar last Saturday but did not go to the ER that night because you felt able to get home. Two days later swelling and bruising increased and you missed work for three days.
- Seek medical attention now and tell the examiner the assault caused your symptoms.
- Take photos of injuries and keep a daily log of symptoms and missed work.
- File a police report or obtain a copy if the police already responded.
- Collect witness names and contact information.
- Talk to a civil attorney about whether to file a claim for assault, battery, or related damages.
When to get a lawyer
Consult a civil attorney when you need help evaluating evidence, calculating damages, or deciding whether to negotiate with an insurer or file a lawsuit. A lawyer can:
- Assess legal claims and the likelihood of recovery.
- Preserve evidence and obtain records (medical, employer, surveillance footage).
- File suit within the statute of limitations and represent you in settlement talks or trial.
Helpful Hints
- Get medical care as soon as you can, even if symptoms seem minor at first.
- Report the incident to police — a report strengthens your claim.
- Preserve evidence: photos, clothing, messages, and witness information.
- Keep a dated symptom and loss log (including missed work and emotional effects).
- Act quickly to protect your legal rights. Statutes of limitations can bar claims if you wait too long (see RCW 4.16.080).
- Even if the other person is charged criminally, you still control whether to pursue a civil case; criminal charges do not automatically create a civil judgment or compensation.
- If cost is a concern, ask lawyers about free consultations and contingency-fee arrangements where the lawyer takes a percentage of any recovery.
Disclaimer: This is general information about Washington law and not legal advice. Laws change and every situation is different. Contact a licensed Washington attorney to discuss your specific facts and legal options.