Short answer
You can bring a civil lawsuit for an intentional physical attack (an assault or battery) in Illinois even if you did not go to a hospital. Criminal prosecutors can also pursue charges independent of whether you sought medical care. Not going to the hospital can make proving certain injuries harder, but it does not bar you from filing a claim. This article explains how civil and criminal claims work, what you will need to prove, relevant Illinois timing rules, and practical steps to protect your case.
How civil and criminal claims differ
Civil lawsuit (tort): A private lawsuit seeks money damages for harms such as medical costs, lost wages, pain and suffering, and emotional distress. Civil cases use the lower “preponderance of the evidence” standard (more likely than not).
Criminal case: The state can charge the alleged attacker under Illinois criminal statutes (for example, assault or battery). The state must prove guilt beyond a reasonable doubt. You can report the assault to police even if you do not intend to file a civil suit.
What you must show in a civil assault or battery claim
Illinois recognizes intentional torts such as assault (placing someone in reasonable fear of imminent harmful contact) and battery (actually causing harmful or offensive contact). In a civil case, you generally need to show:
- The defendant acted intentionally (or with wantonness) or made contact;
- The act caused you harm (physical injury, pain, emotional injury, or other losses); and
- Damages resulted (medical bills, lost income, pain and suffering, etc.).
Even minor visible injuries or fear of imminent harm can support a claim. You do not need a prior hospital visit to make these elements attach.
Statute of limitations — timing to file
Most personal-injury suits for an assault or battery in Illinois must be filed within two years of the injury. See the Illinois Code of Civil Procedure, 735 ILCS 5/13-202 (two-year limit for actions for damages for an injury to the person): 735 ILCS 5/13-202. File promptly because delay can destroy your legal remedy.
Evidence you can use if you didn’t go to the hospital
Not going to the hospital makes immediate medical records unavailable, but other evidence can support your case:
- Photos of injuries, bruises, torn clothing, or the scene taken as soon as possible;
- Witness statements and contact information for anyone who saw the incident;
- Security camera or doorbell footage;
- Text messages, emails, social-media messages, or voicemails referring to the incident;
- A police report if you reported the event to law enforcement;
- Later medical records if you sought treatment days or weeks later (do not assume late treatment is worthless — a treating clinician can link later treatment to the earlier assault);
- Pay stubs or employer statements showing lost work; and
- A contemporaneous written account you create describing what happened and when.
Practical steps to protect your rights
- If safe, report the incident to police and obtain a copy of any incident report.
- Take clear photos of any injury and the scene as soon as possible.
- Collect contact info for witnesses and preserve evidence (texts, clothing, video).
- Consider seeing a medical provider even later — a medical record created after the event can link treatment to the assault and document injuries.
- Preserve dates and details: write down a timeline and what each person said or did.
- Talk to a personal-injury attorney before the statute of limitations runs to learn your options; many attorneys offer free consultations.
Damages you can seek
A successful civil claim may recover:
- Past and future medical expenses;
- Lost wages and loss of earning capacity;
- Pain and suffering and emotional distress;
- In some cases, punitive damages when the defendant’s conduct was willful and malicious.
When not going to the hospital causes problems and how to mitigate them
Problems:
- Less documentary proof of injury and timing;
- Defense claims that injuries were caused later or are minor;
- Possible loss of forensic evidence (blood, DNA) if not preserved.
Mitigation:
- Get photos and witness statements quickly;
- Seek medical care later and have the provider document that your injuries are consistent with the assault;
- Ask police to take photographs or collect evidence if they respond.
Reporting and safety concerns
Your safety is the top priority. If you are in immediate danger, call 911. If you fear retaliation, tell police and consider domestic-violence resources or victim services. Reporting to police helps create an official record even if you initially decline medical care.
Example hypothetical
Hypothetical: You are shoved at a bar, fall and get a bruise but do not visit a hospital. You photograph the bruise that night, get names of two witnesses, save the clothing you wore, and later report the incident to police. Two weeks later you see a doctor who documents soft-tissue injury consistent with the fall. Under those facts you can still file a civil suit within two years, using the witness statements, photographs, police report, and later medical records to support your claim.
When to talk to an attorney
Speak with a personal-injury attorney if you want to evaluate the strength of a claim, learn how to preserve evidence, or understand damages you can pursue. An attorney can also explain how the two-year statute of limitations on personal-injury claims in Illinois (see 735 ILCS 5/13-202) applies to your facts and whether any exceptions or tolling rules might extend that deadline.