MASSACHUSETTS ASSAULT AND BATTERY LAWYER
An assault is a crime
and a civil wrong.
If you were hurt in an assault in Massachusetts, you can bring a civil claim for money damages against the one who attacked you and often the business that failed to keep you safe.
- No fee unless we win
- Same-day response
- Free case review
As Seen On:
How a civil assault and battery
claim works.
An assault is both a crime and a civil wrong, and the two run on separate tracks. The criminal case is brought by the state to punish the attacker; a civil claim is brought by you to recover money for what the assault cost you — your medical bills, lost income, pain, and the lasting emotional harm. You can pursue a civil claim whether or not anyone is ever criminally charged, and even if a criminal jury acquits, because a civil case uses a lower standard of proof.
Just as important, the person who attacked you is often not the only party responsible. When an assault happens at a bar, nightclub, apartment complex, parking garage, hotel, or store, the business that controlled the property can share liability if it failed to provide the reasonable security that would have prevented the harm. These negligent-security claims matter because an individual attacker is frequently unknown, uninsured, or unable to pay, while a business and its insurer can actually compensate a seriously injured victim.
A Massachusetts assault and battery lawyer investigates who was responsible — the attacker, the property owner, a security company, or a bar that over-served — preserves the evidence, and builds the civil case for full compensation. The same team handles these claims across the city as a Boston assault and battery lawyer. Larson Law reviews Massachusetts assault and battery cases at no cost.
Evidence in these cases is fragile. Surveillance video from the bar or building is often overwritten within days, security staffing records and prior-incident reports have to be demanded before they disappear, and witnesses move on. The sooner the scene is documented and the records are preserved, the stronger the case for showing that the harm was foreseeable and that reasonable security would have prevented it.
These are also deeply personal cases. Beyond the physical injuries, victims of violence often carry anxiety, sleeplessness, and trauma that shape their lives for years. Massachusetts law recognizes that emotional harm as a real, compensable part of the claim, and documenting it properly is part of pursuing the full value of the case.
What our clients say
Why an assault victim needs more than a criminal case.
- We represent victims of assault and violence in civil claims across Massachusetts.
- We pursue the attacker and any business whose poor security enabled the harm.
- We move fast to preserve surveillance video and prior-incident records.
- We build negligent-security and liquor-liability claims against responsible venues.
- We document the physical and emotional harm to pursue full compensation.
- No fee unless we win
- No upfront costs
- Direct attorney access
- Free case review
Results For Injured Clients
100+ 5-Star Google Reviews
8+ Years of Legal Expertise
98% Legal Success Rate
100+ Injured Victims Helped
No Win, No Fee Guaranteed
How Massachusetts law lets assault victims recover.
Assault and battery, defined
In everyday terms an assault is conduct that puts someone in reasonable fear of imminent harm, while a battery is actual harmful or offensive contact; the criminal version is set out in MGL Chapter 265 Section 13A. In a civil case you sue for the injury the contact caused, and you do not need a criminal conviction to win — the two proceedings are independent.
Suing the person who attacked you
A direct claim against the attacker is an intentional-tort claim for assault and battery. It can recover medical costs, lost wages, pain and suffering, and emotional distress. The practical challenge is collectability, which is why identifying every other responsible party — especially a business with insurance — is so important to an actual recovery.
Negligent security
A property owner or business that invites the public in has a duty to take reasonable security measures against foreseeable criminal acts. Where prior incidents, a dangerous location, or obvious risks made an attack foreseeable, a failure to provide adequate lighting, staffing, cameras, or controlled access can make the business liable. Comparative fault under MGL Chapter 231 Section 85 applies to these negligence claims.
Liquor liability
When an assault is committed by an obviously intoxicated person who was over-served, the establishment may be liable under Massachusetts dram-shop law, MGL Chapter 138 Section 69, which prohibits serving alcohol to an intoxicated patron. These claims require proof the person was visibly intoxicated when served, which the venue’s own records and witnesses can establish.
The deadline and the standard of proof
A civil assault claim generally must be brought within three years under MGL Chapter 260 Section 2A. A civil case is decided by a preponderance of the evidence — more likely than not — which is a lower bar than the criminal standard, so a victim can win a civil claim even where a criminal case did not result in a conviction.
Damages the law allows
Beyond medical costs and lost wages, a civil assault claim can include compensation for pain and suffering and for the emotional distress the attack caused, and in narrow circumstances defined by statute, additional damages. The core of most recoveries, though, is a careful accounting of the physical, financial, and psychological harm the assault caused.
Where assault injuries happen
across Massachusetts.
Assault injuries in Massachusetts cluster where people gather at night and where security is often an afterthought: the bars and nightclubs of Boston’s entertainment districts, downtown Worcester, and Springfield; concert halls and stadiums; apartment and condominium complexes; hotels; and the parking garages and lots around all of them. The common thread is a business that invited the public in and controlled the space where the violence occurred.
Because a civil case can be filed wherever the assault happened, these claims are brought in the Superior Court of the county involved — Suffolk, Middlesex, Worcester, Essex, Hampden, and the rest — and the local police and hospital records become the backbone of the case. Serious assault injuries are often treated at major trauma centers, and those records document both the physical harm and, just as importantly, the psychological injury that follows. A case that arose in one of the state’s larger cities may also involve a Cambridge assault and battery lawyer where that city’s venues are involved.
What decides most negligent-security cases is foreseeability. If a venue had a history of fights, prior assaults in its parking lot, or an obvious risk it ignored, a jury can find that the attack was foreseeable and that reasonable security — lighting, cameras, trained staff, controlled entry — would have prevented it. Gathering the prior-incident history and the venue’s own security records is where these cases are built.
Wherever in Massachusetts the assault happened, the approach is the same: identify every responsible party, preserve the video and records before they vanish, document the full physical and emotional harm, and pursue both the attacker and any business whose failure to provide reasonable security allowed the injury.
These cases also frequently involve more than one insurer and more than one defendant, from the venue’s general-liability carrier to a separately insured security contractor, so untangling who is responsible and which policies apply is part of the early work. The goal throughout is to make sure no responsible party is left out and no available coverage is overlooked.
What an assault and battery claim
can recover.
The value of an assault and battery claim depends on the severity of the harm and how it changes your life, not on a formula. Serious physical injuries, the cost of ongoing psychological care, time lost from work, and the lasting effect of trauma all factor in, and a claim reaches its full value only when each of these is documented and every responsible party is pursued. The categories below are the ones our clients most often recover.
Reaching that full value depends on proof and on defendants who can pay. It means documenting the medical and psychological treatment, connecting the emotional harm to the assault with the right evidence, and identifying a business and insurer behind the individual attacker. Because those defendants will contest both fault and damages, a claim that is carefully built and supported is far harder to reduce.
It is also common for an assault to leave injuries that are not visible at first, from concussions to internal harm, and for the emotional effects to surface only in the weeks that follow. Massachusetts law allows recovery for that full picture, which is why staying in treatment and letting the medical record develop is an important part of protecting the value of the claim.
Medical Bills and Future Care
Lost Wages and Earning Capacity
Pain, Suffering, and Hardship
Wrongful Death of a Loved One
Hurt in an assault? Three steps to protect a civil claim.
Get medical care and report it fast
Get medical attention for both the physical injuries and the emotional shock, and report the assault to the police, because the medical records and the report create the account the claim is built on.
Preserve the video and witness list
Surveillance video from the bar, building, or garage is often overwritten within days, so have a lawyer send a preservation letter fast, and note down the names of anyone who saw what happened to you.
Let us find who else is responsible
Let us investigate who is responsible beyond the attacker, such as the property owner, a security company, or a bar that overserved, and preserve the records showing the violence was foreseeable then.
- 5.0 stars out of 100+ reviews
Talk with a Massachusetts assault and battery lawyer, at no cost.
Evidence in an assault case disappears quickly: surveillance video is overwritten, security records are buried, and the businesses involved are already protecting themselves. The sooner you call, the more of that proof we can preserve. There is no cost to speak with us and no fee unless we win. As a Boston personal injury attorney, Larson Law reviews your assault and battery case, explains your options, and takes it over from there so you can focus on healing.
When you call, we will talk through what happened, who may be responsible, and the harm you have suffered, then explain the steps we would take. There is no obligation and no cost for that conversation.
By submitting this form, you acknowledge that doing so does not create an attorney-client relationship. Please do not include confidential information. Contacting us does not obligate you to retain our services.
Our Clients.
Our Practice Areas.
We represent victims of violence in civil claims across Massachusetts, from bar and nightclub assaults to negligent-security cases at apartments, hotels, and parking garages. When an attack causes a head injury, our work as a Boston brain injury lawyer guides the medical proof and the value of the claim, so the full effect of the injury is documented and pursued.
Assault and battery questions,
answered directly.
Can I sue if my attacker was never arrested or convicted?
Yes. A civil claim is separate from the criminal case and uses a lower standard of proof — a preponderance of the evidence, meaning more likely than not, rather than proof beyond a reasonable doubt. You can win a civil claim even where no criminal charge was filed or where a criminal jury acquitted. The two proceedings are independent, and the outcome of one does not control the other.
Who can I hold responsible besides the attacker?
Often a business. When an assault happens at a bar, nightclub, apartment complex, hotel, store, or parking garage, the owner or operator that controlled the property can be liable if it failed to provide reasonable security against a foreseeable attack. This matters because the individual attacker is frequently unknown, uninsured, or unable to pay, while a business and its insurer can actually compensate a seriously injured victim.
What is negligent security?
Negligent security is a form of premises liability. A business that invites the public in has a duty to take reasonable measures — adequate lighting, working cameras, trained staff, controlled access — to protect visitors from foreseeable criminal acts. When a venue ignores an obvious risk or a history of violence and someone is attacked as a result, that failure can make it legally responsible for the harm alongside the attacker.
The assault happened at a bar. Is the bar liable?
It can be, on two theories. First, negligent security, if the bar failed to provide reasonable protection against a foreseeable assault. Second, Massachusetts dram-shop law, if the bar served alcohol to a patron who was already visibly intoxicated and that person then caused the harm. Both depend on evidence — the bar’s security and service records, video, and witness accounts — which is why acting quickly to preserve it matters.
What can I recover in a civil assault claim?
A civil claim can recover your medical and psychological treatment costs, lost wages and any reduced earning capacity, and compensation for pain, suffering, and emotional distress. Because assaults so often cause lasting trauma, the psychological harm is a real and compensable part of the claim. The exact value depends on the severity of the injuries and how clearly each loss is documented and tied to the attack.
How long do I have to file a civil claim?
Most civil assault and battery claims in Massachusetts must be filed within three years of the date of the attack. Waiting is risky for a practical reason as well: the surveillance video, security staffing records, and prior-incident history that prove a negligent-security case can be lost or overwritten within days or weeks, so the evidence is strongest right after the assault.
Is the criminal case the same as my civil case?
No. The criminal case is brought by the state to punish the offender and can result in jail or probation, but it does not put money in the victim’s pocket beyond limited restitution. A civil case is yours to bring and is about compensation for what the assault cost you. They run on separate tracks, and you can pursue your civil claim regardless of what happens in the criminal court.
What if I was assaulted at my apartment complex?
Landlords and property managers owe tenants and guests a duty to keep common areas reasonably secure, including working locks, lighting, and controlled entry. If an assault in a hallway, stairwell, parking area, or laundry room resulted from a known security problem the landlord ignored, that failure can support a negligent-security claim. Who controlled and was responsible for the area is one of the first things we investigate.
How do you prove the attack was foreseeable?
Foreseeability is usually shown through history and circumstances. Prior assaults or crimes at the location, police call records, complaints the business received, a known dangerous condition, or an obvious risk it disregarded can all establish that a reasonable operator should have anticipated an attack. We gather the venue’s incident history and internal records, because that evidence is what turns a general risk into a specific, provable failure.
Can I recover for emotional trauma, not just physical injuries?
Yes. Massachusetts law recognizes the emotional harm of an assault — anxiety, depression, post-traumatic stress, sleeplessness, and the fear that can follow a violent attack — as a real and compensable injury. Documenting it through counseling records and, where appropriate, expert evaluation is an important part of pursuing the full value of the claim, because this harm often outlasts the physical injuries.
What should I do after being assaulted?
Get medical care for both the physical injuries and the emotional shock, and report the assault to the police so there is an official record. If you can, note where it happened, who was working, and who witnessed it, and preserve anything in writing. Then speak with a lawyer quickly, because the surveillance video and security records that prove a claim can be gone within days.
How much does it cost to hire a lawyer?
Nothing upfront. We handle assault and negligent-security claims on a contingency fee, which means you pay no fee unless we recover money for you, and the first consultation is free. That structure lets a victim of violence take on a bar, property owner, or security company and its insurer without any financial risk while they focus on recovering from the attack.
Results Disclaimer: Past case results, settlements, and verdicts mentioned on this website do not guarantee or predict a similar outcome in any future case. Every case is unique and depends on its own facts and legal issues.