Well I got assaulted in a bar (jacka$$ threw a beer bottle at my face) and I did nothing to provoke him. It'* a long story, but anyways, I was looking into small claims court for my medical bills, and at least here in NY, it only costs $15 to file a claim in small claims court if you're suing for up to $1000. Over that it'* more, but still cheap.
I wouldn't hesitate to get back any money you payed out of pocket. I watch (used to anyways) court shows all the time, so you just need to prove your case and bring all the appropriate paperwork. In my case, I could have easily sued him in small claims court and won. But his criminal case is pending and the court will get my money from him through his trial.