Yes, you can pursue an assault claim even if a person just to threatens you or barely had physical contact with you. An assault does not have to be physical or result in an injury to put you in an emotional distress or turmoil. A menace to your wellbeing can entitle you to a compensation.
In these cases:
A prosecutor brings a criminal case for assault. In a criminal case, the prosecutor must prove beyond all reasonable doubt the perpetrator is guilty. Sometimes the perpetrator is not be charged with assault only because the prosecutor does not have sufficient evidence to convict.
On the other hand, a civil case is your personal injury claim for compensation from the perpetrator. You only need to prove the perpetrator more likely committed assault than not for you to win. Therefore, it’s easier for you to recover damages for your losses.
A criminal trial for assault may offer you restitution. However, restitution is limited to compensation for “economic damages”, which may only represent your medical bills.
A personal injury claim for assault also compensates for “non-economic damages.” A successful claim includes damages for your pain and suffering and emotional distress. Punitive damages may be available for some cases, which are additional payments that punish the perpetrator.
You may still have a personal injury claim if the police did not arrest the perpetrator for assault. A personal injury claim can be a better solution for you.