Wyoming — Filing a Civil Claim for Assault Without Hospital Treatment

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.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

Can you bring a civil claim after a physical assault without hospital treatment?

This page explains how a person in Wyoming can pursue a civil claim (and what to expect about criminal reporting) even if they did not seek hospital care right after an incident. This is educational information only and not legal advice.

Detailed Answer — Your options under Wyoming law

Short answer: Yes. Not going to a hospital does not automatically prevent you from filing a civil lawsuit for an assault or related personal-injury claim in Wyoming. Civil claims for assault, battery, or other personal injuries are separate from any criminal case. A successful civil claim depends on evidence that an injury or offensive contact occurred and that another person was legally responsible.

How civil and criminal matters differ

Criminal cases are brought by the state (a prosecutor) under Wyoming’s criminal statutes and seek punishment. See the statutes that define crimes against persons, including assault and related offenses: Wyo. Stat. Title 6, Chapter 2. You can report an assault to police even if you did not go to a hospital. Whether prosecutors pursue charges depends on the evidence and prosecutorial discretion.

Civil lawsuits are private claims brought by the injured person (plaintiff) against the alleged wrongdoer (defendant). In civil court you seek money damages, injunctive relief, or other remedies. Civil claims typically include intentional torts (assault, battery) or negligence causing injury.

Why a hospital visit helps — but is not required

Medical care soon after an assault creates contemporaneous, objective records of injury, which are persuasive evidence. But other evidence can establish harm or an unlawful contact without hospital records. Examples include photographs of injuries, private medical or urgent-care records obtained later, witness statements, police reports, clothing with damage or blood, surveillance video, text messages, and statements by the alleged attacker.

Statute of limitations and timing

Timing matters. Wyoming law sets a time limit for bringing most personal-injury and tort claims. See Wyoming’s statutes on limitation periods: Wyo. Stat. Title 1, Chapter 3. You should consult an attorney promptly to confirm the exact deadline that applies to your circumstances, because exceptions and special rules can change the deadline.

What the plaintiff must prove in a civil assault or battery claim

  • For assault (as an intentional tort): that the defendant acted intentionally and that the plaintiff reasonably apprehended imminent harmful or offensive contact.
  • For battery: that the defendant intentionally made harmful or offensive contact with the plaintiff’s person.
  • Proof of physical injury is not always required to succeed on an assault claim; emotional harm, fear, and offensive contact can support recovery though damages may differ.

Practical evidence sources if you did not go to a hospital

Collect and preserve:

  • Photos of any injuries, bruises, or torn clothing as soon as possible.
  • All communications (texts, e-mails, social media messages) related to the incident.
  • Contact information and written statements from witnesses.
  • Police reports or incident reports — file one even if you do not seek hospital care.
  • Records of later medical, mental health, or counseling visits if you seek care after the incident.
  • Physical evidence such as damaged clothing; store it in a paper bag and note where/how it was stored.
  • Any surveillance video (business cameras, doorbell cams) or photos from others present.

When to involve the police and when to seek civil counsel

Call law enforcement to report the incident if you feel unsafe or if a criminal assault occurred. A police report can support both criminal prosecution and a civil case. Even if prosecutors decline charges, you can still pursue a civil claim. Talk with a Wyoming civil attorney about damages you may seek (medical bills, lost wages, pain and suffering, emotional distress, and punitive damages in some cases).

Protective orders and safety planning

If you fear future harm, you may be able to obtain a protective or restraining order through Wyoming courts. An attorney or local victim advocacy program can help you with safety planning and filings.

What to expect from the civil process

  1. Initial consultation with a lawyer to review evidence and deadlines.
  2. Filing a complaint in the appropriate civil court.
  3. Discovery — exchanging evidence and testimony.
  4. Settlement negotiations or trial.

Even without hospital documentation, a well-documented file and corroborating evidence can lead to a successful resolution.

Disclaimer: This information is educational only and does not constitute legal advice. For advice about a specific situation, consult a licensed Wyoming attorney.

Helpful Hints

  • Report the incident to police as soon as it is safe to do so and get a copy of the incident report.
  • Take dated photos immediately and preserve any clothing or objects connected to the incident.
  • Write down your own detailed account while memories are fresh: time, place, sequence, witnesses, and words exchanged.
  • Get medical attention even later — records from urgent care, a clinic, or your primary doctor can still document injury.
  • Collect witness names and contact info; ask witnesses to write short contemporaneous statements if possible.
  • Keep all communications from the other party, and consider preserving social-media posts or messages via screenshots.
  • Talk with a Wyoming civil attorney early to check filing deadlines and get guidance about evidence collection and next steps.
  • If you are in immediate danger, call 911 or a local crisis center. For non‑emergencies, local domestic violence or victim services organizations can help with safety planning and referrals.

Relevant Wyoming statutory resources: Wyoming statutes relating to crimes against persons (Title 6, Chapter 2) and limitations on actions (Title 1, Chapter 3).

If you would like, we can help identify local Wyoming attorneys who handle civil assault and personal-injury claims.

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.