Your Right to Sue for Assault and Battery in Massachusetts
In Massachusetts, assault and battery are not only criminal offenses — they are also civil wrongs for which victims can sue for money damages. A civil lawsuit is completely separate from any criminal case and allows you to seek compensation directly from your attacker and potentially from third parties who allowed or enabled the attack.
You Don’t Need a Criminal Conviction
The most important thing for assault victims to understand is that a criminal conviction is not required to win a civil case. The burden of proof in civil court is “preponderance of the evidence” — meaning it is more likely than not that the defendant assaulted you. This is a much lower standard than the criminal “beyond a reasonable doubt” standard. Many victims successfully recover civil damages even when criminal charges are dropped, reduced, or result in an acquittal.
Third-Party Liability: Expanding Your Recovery
In many assault cases, a third party shares legal responsibility for the attack. Common examples include bars and nightclubs that over-served alcohol or failed to provide adequate security, property owners who knew about dangerous conditions but failed to act, employers whose employees committed assault in the course of their duties, and event venues with inadequate security staffing. Third-party defendants often carry commercial liability insurance, which can significantly increase the total compensation available to you.
What Damages Can You Recover?
Victims of civil assault and battery in Massachusetts can recover compensation for physical injuries and medical treatment, mental health treatment for PTSD and anxiety, lost wages and earning capacity, pain and suffering, emotional distress, and permanent scarring or disfigurement. In cases involving extreme conduct, enhanced compensatory damages for severe emotional distress may also be available.
How Long Do You Have to Sue?
Massachusetts has a three-year statute of limitations for intentional torts including assault and battery. Acting promptly is important to preserve evidence, witness availability, and your legal options.
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.
Speak With a Massachusetts Assault and Battery Attorney
If you were the victim of an assault or attack in Massachusetts, contact Larson Law for a free, confidential consultation. We handle civil assault and battery cases on a contingency fee basis — no fee unless we win.