Can a student sue a class-mate for assault?

Question

& if so, how?

I have not yet been able to file charges, or call the police on the other student. But there is a witness to the assault.

Answer 1

First of all, the magistrate or judge listening to your complaint is going to rely on
1.a police report to prove if assault did take place on such and such day and time. Witness statements will help her put together how it unfolded and who was charged. If a police report was not filed, then you must rely heavily on witnesses to appear with you. Also be prepared to explain to the judge why the police were not notified or a report not filed.
2.Medical bills, doctor's explanation of injuries, time off work due to hospitalization and/or doctor's orders will be significant to what the judge will reward you. I would sue the maximum for pain and suffering, but let the judge ultimately decide what you should receive for damages.
How you go about it:
You must contact your local municipal court or justice center regarding small claims. You will file a complaint for a small fee, sometimes determined by how much you are suing for, but no more than a specified amount. After completing your complaint, you and the defendant will receive a summons to appear. Take all your docs with you and have them organized as well. If you can get any of the witnesses to appear with you it would also be a good idea.

Answer 2

Yes they can. Did you file charges, or call the police on the other student? Did anyone witness the assault? You just need to call the police, report it, and then file charges. Good luck!

Answer 3

Yes. You need to file a police report. It has to become a criminal
case first and go through the court system. After the criminal case is done, then you can contact a civil attorney.

Answer 4

No, you can't. However this clears the path for you to assault him and he can't sue you.

Answer 5

Have you charged them with a crime?