Can I file a lawsuit for being assaulted if I didn’t go to the hospital?

Short answer: Yes. Under Wisconsin law you can generally bring a civil lawsuit for assault or battery even if you did not go to a hospital. However, not seeking immediate medical care can make proving the extent of your injuries and the amount of damages harder. This article explains what you need to know, what evidence helps your case, and practical steps to protect your rights.

Detailed Answer — civil suit vs criminal case, burden of proof, and timing

1. Civil claim vs criminal prosecution

There are two separate paths after an assault:

• Criminal prosecution: The state (district attorney) prosecutes the alleged assailant under Wisconsin criminal statutes (see Wisconsin Statutes, chapter 940: Crimes Against Life and Bodily Security). Whether the state files charges is up to prosecutors and does not depend on whether you file a civil suit. More info: https://docs.legis.wisconsin.gov/statutes/statutes/940.
• Civil lawsuit: You can sue the person who harmed you to recover money for medical costs, lost wages, pain and suffering, emotional distress, and other losses. The legal standard in civil cases is a “preponderance of the evidence” (more likely than not), which is lower than the criminal standard of “beyond a reasonable doubt.”

2. Not going to the hospital does not bar a civil claim

Failing to seek hospital care does not automatically prevent you from filing a civil lawsuit. The court will still consider whether the defendant caused your injuries and how much those injuries are worth. That said, medical records and objective documentation are powerful evidence of injury and causation. Without them, you will need other reliable proof to show the nature and extent of your harm.

3. Evidence you will need or that helps your case

When you did not go to a hospital, focus on collecting other forms of proof:

• Photographs: of your injuries immediately after the assault and as they change over time.
• Witness statements: contact information and written or recorded statements from anyone who saw the assault or saw your condition afterward.
• Police report: if you reported the incident, the police report will be helpful even if no hospital visit occurred.
• Later medical records: even a visit to a clinic, urgent care, family doctor, or mental-health provider later on is strong evidence. Document dates and treatments.
• Communication evidence: texts, emails, social media posts, or videos that relate to the incident.
• Physical evidence: torn clothing, damaged property, or items kept from the scene—preserve them.
• Work records: proof of missed work and lost income if applicable.

4. Damages you can seek

Common damages in an assault-related civil suit include:

• Past and future medical expenses.
• Lost wages and loss of earning capacity.
• Pain and suffering and emotional distress.
• Property damage (if applicable).

5. Time limits — statute of limitations

Most personal-injury actions in Wisconsin, including assault or battery claims, must be started within three years from the date of injury. See Wisconsin Statutes section 893.54. If you wait longer than the statute of limitations, a court will usually dismiss your case. Link: https://docs.legis.wisconsin.gov/statutes/statutes/893/54.

6. Practical effect of not going to the hospital

Not going to the hospital can affect your case in several ways:

• It may be harder to document objective injuries (fractures, internal injuries, etc.).
• Opposing counsel may argue your injuries were minor or not caused by the assault.
• You can mitigate these problems by getting medical care as soon as possible after the incident and preserving alternative evidence (photos, witnesses).

7. Steps to take now

If you were assaulted but did not go to the hospital, consider the following actions:

• Report the assault to law enforcement if you haven’t already. Ask for a copy of the police report.
• See a medical provider (urgent care, primary care, or emergency room) as soon as you can, even if symptoms seem minor. Document all visits and treatments.
• Document injuries with dated photos and preserve clothing or other physical evidence.
• Collect contact information for witnesses and write a contemporaneous account of what happened while memories are fresh.
• Keep records of missed work and other financial losses.
• Consult with a Wisconsin personal-injury attorney to evaluate your options and deadlines.

Helpful information and resources

Who to contact and where to find more information:

• Wisconsin statutes on crimes against persons (criminal context): https://docs.legis.wisconsin.gov/statutes/statutes/940
• Wisconsin statute on time limits for personal-injury claims: https://docs.legis.wisconsin.gov/statutes/statutes/893/54
• Wisconsin Department of Justice, Office of Crime Victim Services (victim resources and compensation): https://www.doj.state.wi.us/ocvs
• Wisconsin courts self-help and civil procedure information: https://www.wicourts.gov/services/selfhelp/index.htm

Helpful Hints

• Get medical attention as soon as possible — later medical records are often accepted as evidence of injuries even if you didn’t go immediately to a hospital.
• Take dated photos of injuries right away and at intervals while healing.
• Keep a written timeline of events, your symptoms, and any communications about the incident.
• Preserve clothing, torn items, or other physical evidence in a sealed bag.
• File a police report and request a copy; police documentation strengthens both criminal and civil claims.
• Document any financial losses (pay stubs, bills, receipts) that relate to the assault.
• Talk to an attorney early to preserve evidence and meet procedural deadlines. Most personal-injury lawyers offer free consultations and contingency-fee arrangements.
• If you are concerned about immediate safety, contact local law enforcement or a victim-advocacy organization for support and protection options.

Disclaimer: This article is informational and educational only. It does not constitute legal advice, does not create an attorney-client relationship, and may not reflect the most current law. For advice about your specific situation, consult a licensed Wisconsin attorney.