You Have the Right to Sue Your Attacker
Many assault and battery victims in Massachusetts do not realize they have the right to sue their attacker in civil court — completely independently of any criminal case. You do not need a criminal conviction, an arrest, or even a police report to pursue civil damages. Even if the attacker was found not guilty in criminal court, you can still win a civil lawsuit.
Criminal vs. Civil Assault and Battery Cases
A criminal assault and battery case is prosecuted by the government to punish the attacker, with a standard of proof of “beyond a reasonable doubt.” A civil lawsuit is your personal claim for financial compensation, with a much lower standard of “preponderance of the evidence” — meaning it is more likely than not that the attack occurred and caused your damages.
Who Can Be Sued Beyond the Attacker?
In many assault cases, third parties share responsibility. Bars and nightclubs that over-served alcohol can face dram shop liability. Property owners who failed to maintain adequate security can be sued for premises liability. Employers may be liable if the attack occurred in a work context. These third parties typically carry liability insurance, making them important targets in civil cases.
How to Start a Civil Assault and Battery Lawsuit
The process begins by consulting with a personal injury attorney who handles intentional tort claims. Your attorney will investigate the attack, identify all defendants, gather evidence, and file a civil complaint. Massachusetts has a 3-year statute of limitations for assault and battery claims, so acting promptly is essential.
Disclaimer: Statute of limitations rules can vary significantly by state, jurisdiction, and the specific type of claim. The information above is general in nature. Please consult a qualified attorney for advice specific to your situation.
Damages Available in Civil Assault Cases
Victims can recover compensation for physical injuries and medical expenses, mental health treatment for PTSD and trauma, lost wages, pain and suffering, emotional distress, permanent scarring or disability, and in cases of extreme misconduct, enhanced compensatory damages.
Call Larson Law for a Confidential Consultation
If you were the victim of an assault or battery in Massachusetts, you deserve justice and financial recovery. Call Larson Law at 508-888-8888 for a free, confidential consultation. We handle civil assault and battery cases on a contingency basis — no fee unless we win.