Civil Lawsuits for Assault in Washington State
The Seventh Amendment to the United States Constitution guarantees the right to a jury trial in any civil controversy exceeding $20. This foundational right forms the basis of civil remedies in the court system when someone causes you harm. Civil litigation is the process used to seek compensation in a variety of situations — from car accidents and pharmacy errors to contaminated food service — and it also applies when someone harms you through assault.
In Washington, assault can give rise to both criminal and civil proceedings. Chapter 9A.36 of the Revised Code of Washington (RCW) defines assault in the criminal context, but victims may also pursue monetary damages through civil litigation by filing a lawsuit against the attacker. This article provides a general overview of the process, but every case is unique, and nothing here should be interpreted as specific legal advice.
What Are Damages?
Washington is one of only three states that generally does not allow punitive damages, which are monetary awards intended to punish a wrongdoer. Instead, Washington follows an “exceedingly liberal” system for measuring compensatory damages — a principle established by the Washington Supreme Court in 1891. (Spokane Truck & Dray Co. v. Hoefer, 25 P. 1072, 2 Wash. 45, 1891). Under this system, an attacker can be held liable for all damages resulting from the assault, including:
- Medical expenses
- Lost wages
- Property damage
- Mental suffering
- Anguish of mind
While physical injuries such as broken bones or stitches are straightforward to document, “mental suffering” can be more difficult to quantify. Psychological harm — including post-traumatic stress disorder (PTSD) and other invisible injuries — may require professional evaluation. When deciding whether to bring an action for assault, it is important to assess your total damages and consider what will be necessary to restore you physically, emotionally, and financially.
What Is the Process?
Most personal injury matters begin with a pre-litigation phase, where an attorney submits a claim to an insurance company or government entity and attempts to negotiate a settlement before filing a lawsuit. In assault cases, however, parties often proceed directly to litigation. Filing a lawsuit allows attorneys to request documents, conduct depositions, and compel the other side to participate in the discovery process — essential steps when voluntary cooperation is unlikely.
Once the lawsuit is filed, the defendant is formally served and must file an Answer, usually prepared by a defense attorney. If the defendant fails to respond, the court can enter a default judgment, allowing the plaintiff to seek a damages award even without the defendant’s participation. Civil proceedings are independent of criminal cases, meaning a civil lawsuit can continue even if criminal charges are dismissed — and vice versa.
If the defendant retains counsel, the case may proceed in several ways:
- Civil arbitration for claims valued at $100,000 or less, which can provide a faster and less expensive resolution.
- Settlement negotiations at any point before or after filing.
- Jury trial for unresolved disputes requiring a full trial.
Collecting on an Award
Obtaining a judgment is not always the same as collecting payment. Many individuals lack sufficient assets to fully compensate a victim, and a single act of violence can have life-altering consequences. That said, there may be insurance coverage or other financial resources available that are not immediately obvious.
While assault cases can be complex and sometimes frustrating, they can also provide an important avenue for holding an attacker accountable. If you are considering pursuing such a claim, consulting with an experienced attorney can help you evaluate your options and identify potential sources of recovery.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance regarding your specific situation, consult a licensed attorney.
