[CO] Can I sue my coworker for assault?
I’m sorry you had to go through this. Based on what you've described—being grabbed inappropriately and wrestled without your consent—you likely have sufficient grounds to explore both criminal charges and a civil lawsuit for assault in Colorado.
Criminal Charges (Assault)
Colorado’s definition of assault includes knowingly or recklessly causing physical contact or attempting to do so, without consent. If you file a police report, the district attorney’s office may pursue charges for assault, harassment, or disorderly conduct depending on the specifics. There is no need for you to personally press formal charges — that decision is up to prosecutors.
You should preserve any evidence you have:
- Photos of injuries
- Witness statements (e.g., co-workers who saw or heard the incident)
- Incident reports filed with your employer
- Messages or emails referencing or documenting the assault
Civil Lawsuit (Personal Injury)
You can sue the individual (and possibly your employer, depending on circumstances) for damages resulting from the assault.
1. Elements you’ll want to establish:
- Intentional, unconsented physical contact
- Harm or offensive injury
- A causal link between the contact and your harm (physical or emotional)
2. What you can potentially claim:
- Compensatory damages for medical bills, emotional distress, lost wages
- Punitive damages (if you show the assault was especially reckless or malicious)
3. Collecting evidence:
- Medical records documenting any injury
- Witness statements
- Employer incident reports and disciplinary actions
- Texts or emails before/after that could show intent or impact
4. Timing (Statute of Limitations):
-
In Colorado, assault claims typically must be filed within two years, so it’s best to act promptly.
Next Steps
- Report the incident to law enforcement and your employer as soon as possible.
- Seek medical attention, even if you feel fine—documenting injuries is key.
- Talk to an experienced attorney who focuses on personal injury and employment law in Colorado—they can guide you through the criminal process and help you decide if a civil suit makes sense for your case.
- Document everything: dates, times, statements, actions taken—this builds the foundation of any case.
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Full Conversation
I would like to know if I have enough evidence to press charges and sue someone for assault?
Lexi, Chatbot
I’m sorry to hear about the situation. Can you tell me more about what happened?
I was assaulted at work by another employee. He was grabbing me inappropriately and wrestling me without my consent.
Lexi, Chatbot
Have you already reported the assault to the police or sought medical attention?
No
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your assault case.
Yes
Andres Sanchez
Hello, my name is Andres Sanchez and I am an attorney with 20 years of experience.
What state are you in?
Hi, I live in Colorado.
Andres Sanchez
I’m sorry you had to go through this. Based on what you've described—being grabbed inappropriately and wrestled without your consent—you likely have sufficient grounds to explore both criminal charges and a civil lawsuit for assault in Colorado.
Criminal Charges (Assault)
Colorado’s definition of assault includes knowingly or recklessly causing physical contact or attempting to do so, without consent. If you file a police report, the district attorney’s office may pursue charges for assault, harassment, or disorderly conduct depending on the specifics. There is no need for you to personally press formal charges — that decision is up to prosecutors.
You should preserve any evidence you have:
- Photos of injuries
- Witness statements (e.g., co-workers who saw or heard the incident)
- Incident reports filed with your employer
- Messages or emails referencing or documenting the assault
Civil Lawsuit (Personal Injury)
You can sue the individual (and possibly your employer, depending on circumstances) for damages resulting from the assault.
1. Elements you’ll want to establish:
- Intentional, unconsented physical contact
- Harm or offensive injury
- A causal link between the contact and your harm (physical or emotional)
2. What you can potentially claim:
- Compensatory damages for medical bills, emotional distress, lost wages
- Punitive damages (if you show the assault was especially reckless or malicious)
3. Collecting evidence:
- Medical records documenting any injury
- Witness statements
- Employer incident reports and disciplinary actions
- Texts or emails before/after that could show intent or impact
4. Timing (Statute of Limitations):
-
In Colorado, assault claims typically must be filed within two years, so it’s best to act promptly.
Next Steps
- Report the incident to law enforcement and your employer as soon as possible.
- Seek medical attention, even if you feel fine—documenting injuries is key.
- Talk to an experienced attorney who focuses on personal injury and employment law in Colorado—they can guide you through the criminal process and help you decide if a civil suit makes sense for your case.
- Document everything: dates, times, statements, actions taken—this builds the foundation of any case.
So the first step is to report the incident to the police?
I would also like to know if I have enough evidence to pursue legal action against my employer for not terminating the employee.
I have not seen a doctor yet. Should I also set an appointment? Is urgent care sufficient?
Andres Sanchez
Yes, you should report it to the police and provide all the evidence you have of the assault. If there were injuries suffered, you should have a doctor examine you so they can document them. It would be for the police or the prosecutor's office to determine if there is sufficient evidence, but from what you have said, there appears to be.
Okay, at which point should I determine if I need to hire a lawyer?
Andres Sanchez
You would only need a lawyer if you are going to sue them civilly.
Do you have any recommendations on who I can speak to?
Andres Sanchez
Your best resource to find an attorney is to search the bar association website for your state.
Okay, sounds good. I think that answers all of my questions. Thank you.
Andres Sanchez
You're welcome. I hope everything works out for you.
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