The First Week After an Assault: Evidence

As our assault and battery practice page explains, a civil claim after an attack is separate from the criminal case, and it does not depend on charges being filed. That independence has a cost: the police are building a criminal case, not your civil one, and some of the evidence that matters most to a civil claim, such as a business's video or its staffing records, is never collected unless someone asks for it.

This guide is a practical checklist for the first seven days. None of it requires a lawyer, and all of it is easier to do now than in three months.

What should happen, day by day?

Day 1: get medical care. Tell the doctor exactly how you were hurt, including blows to the head, choking or a loss of consciousness, so the records connect the injuries to the attack.
Day 1: report the attack. Call 911 or the police department or sheriff's office where it happened, and get the report number and the officer's name.
Days 1 to 3: photograph everything. Take photos of injuries on the first day and again as bruising develops, and keep the clothes you wore in a paper bag, unwashed.
Days 1 to 3: ask for the video in writing. Send the business, landlord or property manager a short letter or email asking it to keep all video, incident reports, staff schedules and records of earlier incidents.
Days 2 to 4: write your own account. Note the time, place, what was said, who was there, the lighting, and anything staff did or failed to do.
Days 3 to 5: request your records. Ask each provider in writing for copies of your records; they must be sent within 15 days of the request (Health and Safety Code 123110(b)).
Days 5 to 7: apply for help. Contact the District Attorney's Victim Services Division about restitution and an application to the Victim Compensation Board.

What should I collect, and from whom?

What	From whom	Rule or timing
Police report number and officer's name	The responding police department or sheriff's office	Ask at the scene or when you report
Free copy of the report, photos and 911 recording (domestic violence, sexual assault, stalking, human trafficking, elder abuse)	The law enforcement agency, with your ID	Within 5 working days of the request, or 10 for good cause (Family Code 6228)
Medical records	Each hospital, clinic and doctor	Within 15 days of a written request (Health and Safety Code 123110)
Surveillance video and incident reports	The business, landlord or property manager	No set rule; ask in writing right away
Bills, receipts and pay stubs	You	Keep from day one; needed for restitution and victim compensation
Victim Compensation Board application	CalVCB, online, on paper, or through a county victim advocate	Generally within 7 years of the crime (Government Code 13953)
Lawsuit	Superior court	Generally 2 years (Code of Civil Procedure 335.1); 3 years for domestic violence (Code of Civil Procedure 340.15); a 6-month claim first against a public entity (Government Code 911.2)

Why does the business's video matter so much?

In an attack at a bar, store, parking lot or apartment complex, the claim against the owner turns on whether it could reasonably anticipate the crime and took reasonable precautions (CACI 1005). Video, incident logs, staffing schedules and records of earlier fights or calls to police can be the main proof of those facts. Our guide on when a business is responsible for an assault on its property explains how courts weigh them.

Video may be kept only for a limited time. A short written request, sent the same week, asks the owner to keep it and creates a record that you asked. Keep a copy of what you sent and how you sent it.

If you were attacked at work, many California employers must keep a violent incident log and make workplace violence records available to employees within 15 calendar days of a request (Labor Code 6401.9(f)(6)); see assaults at work and workers' comp.

What should a request to keep evidence say?

It does not need legal language. A short, dated letter or email to the business owner, landlord or property manager should give your name, the date, time and exact place of the attack, and a plain request that the owner keep, and not delete or record over, everything related to it. Name the items: video from every camera that covers the area, for a few hours before and after; the incident report and any notes or photos staff made; that day's staff schedule and the names of security personnel on duty; and records of earlier fights, thefts, complaints or calls to police at the property.

If an outside security company or a property management company is involved, send the same request to it. Keep proof of how and when you sent each one: an email with the date shown, a certified mail receipt, or a copy stamped when you delivered it in person. Do not argue about fault in the letter; its only job is to make sure the evidence still exists when someone needs to look at it.

How do the police report and the criminal case help?

The report identifies the attacker, witnesses and officers, and the Victim Compensation Board reviews the crime report when it decides an application. To be eligible, the Board says victims must cooperate with police and court officials, with exceptions for some crimes such as domestic violence, human trafficking and sexual assault.

If the attacker is convicted, the court must order restitution for economic losses such as medical bills, counseling and lost wages (Penal Code 1202.4(f)). The Sonoma County District Attorney's office asks victims to keep copies of crime-related bills and receipts and to have the crime report number and offender's name, and its advocates pass that information to the office's restitution staff. A felony conviction also gives you at least one year after judgment to sue the attacker for that crime (Code of Civil Procedure 340.3).

You do not have to wait for the criminal case to finish to protect your civil claim. The civil deadlines keep running while it goes on.

What help is available with the costs?

The California Victim Compensation Board pays certain crime-related expenses, including medical and dental treatment, mental health services, income loss, relocation and residential security, after other sources such as health insurance are used. The Sonoma County District Attorney's Victim Services Division has advocates who help with the application, and Spanish-speaking advocates are available. The Board says applications can take 90 days to process and that including crime reports, bills and receipts helps.

When the attacker has no money, the Board is one of several options; our guide on who else can pay when the attacker cannot covers the others.

What changes the answer?

The attacker is a partner, former partner or family member. Safety comes first, and a family court can issue a protective order (Family Code 6320). The civil deadline is longer; see suing for domestic violence in California.

A public employee or public place was involved. A written claim is due within six months (Government Code 911.2); see assaults by a public employee or at a public facility.

The attacker was working. A bouncer, guard or clerk can make the employer responsible; see when an employer is responsible for its employee's attack.

The person hurt is a child. A parent can request records and apply for help on the child's behalf, and different deadline rules may apply; see how injury claims work for children.

A head injury is involved. Symptoms can appear over days, so follow-up care and records of symptoms matter; see how a brain injury is proven.

What could this look like? An example

For example, imagine a man who is punched from behind outside a Cotati restaurant on a Saturday night and wakes up in the emergency room with a broken jaw. Police take a report at the hospital.

On Sunday his sister photographs his injuries and bags his shirt. On Monday he emails the restaurant's owner asking it to keep all video, the incident report and that night's staff schedule. On Tuesday he writes down everything he remembers, including that a server had asked the manager to call police about the same man an hour earlier. On Wednesday he requests his hospital records, which must be sent within 15 days (Health and Safety Code 123110), and on Friday a victim advocate helps him apply to the Victim Compensation Board. Each step keeps evidence that would otherwise be lost. This example is made up to show how the rules fit together; it says nothing about any real case.

What mistakes do people make in the first week?

Skipping the doctor because the injury seems minor, leaving no record linking it to the attack.
Assuming police will collect the business's video.
Posting about the attack on social media, where the posts can be used later.
Throwing away torn or bloody clothing.
Giving a recorded statement to the business's insurer before knowing what the claim involves.

What should I do this week?

Get medical care and follow up on every referral.
Report the attack and write down the report number.
Send a written request to keep video and incident records.
Photograph your injuries, write your account and list every witness.
Request your medical records in writing.
Gather the papers listed in our guide on what to bring to a first meeting with an injury lawyer.
Mark your deadlines with our guide to California personal injury deadlines.

Frequently asked questions

Do I have a civil claim if no one was arrested?

Yes. A civil claim is separate from the criminal case and does not depend on an arrest or charges. Evidence you keep now matters more when there is no criminal file.

Can I get the police report for free?

Victims of domestic violence, sexual assault, stalking, human trafficking and elder abuse are entitled to one free copy of the report, photographs and 911 recording on request (Family Code 6228). For other crimes, ask the agency how to request it.

How long does a doctor's office have to send my records?

Copies must be sent within 15 days after the provider receives your request, and the provider may charge a fee to cover copying costs (Health and Safety Code 123110).

Should I talk to the business's insurance company?

You can report the incident, but whether to give the business's insurer a recorded statement is your choice. It is reasonable to wait until you understand your injuries and the claim.

Does the Victim Compensation Board cover lost property?

No. The Board says it cannot pay for lost, stolen or damaged property; it covers listed crime-related expenses such as medical care, counseling and income loss.

Where can I get local help in Sonoma County?

The District Attorney's Victim Services Division helps with victim compensation and restitution. Our Sonoma County page lists the local courts and agencies.

If you were assaulted and want to protect a civil claim, contact Young Law Group today at (707) 343-0556 or through our contact page for a free consultation.

What should I do in the first week after an assault to protect a civil claim?