MASSACHUSETTS ASSAULT & BATTERY CIVIL LAWSUIT LAWYER
Hold the person who hurt you to account.
When someone attacks you, the criminal case belongs to the state, but a separate civil lawsuit belongs to you, and it is how a victim recovers for the harm an assault and battery caused.
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An assault and battery civil lawsuit lawyer fights for you.
Being the victim of an assault and battery leaves more than physical injuries, and many victims do not realize that the criminal case is not their only path, or even their main one. A criminal prosecution is brought by the Commonwealth to punish the attacker; it does not compensate you. A civil lawsuit is different. It belongs to you, it seeks money for the harm you suffered, and it can succeed even when there is no criminal charge, when charges are dropped, or when the attacker is acquitted, because a civil claim only has to be proven by a preponderance of the evidence, a lower standard than the criminal case. A civil assault and battery claim can also reach beyond the person who hurt you. When an attack happened because a property owner failed to provide reasonable security where violence was foreseeable, that owner may be liable for negligent security. When a bar or restaurant over-served the attacker, it may be liable under dram shop law. And because an assault and battery is intentional, malicious conduct, a civil claim can support punitive damages that ordinary injury cases cannot. Identifying every responsible party and building the proof is exactly where these claims are won. Larson Law represents assault and battery victims across Massachusetts, never the people who hurt them. If you were attacked, an assault and battery civil lawsuit lawyer can review your situation at no cost.
What our clients say
A civil case wins where a criminal case cannot.
- We represent assault and battery victims statewide in civil claims, never the attackers
- We pursue a civil case independent of the criminal one, on the lower preponderance standard
- We identify every liable party: the attacker, a negligent property owner, and any over-serving bar
- We pursue punitive damages where the conduct was intentional and malicious, beyond ordinary losses
- We deal with the insurers and defendants directly so the harm done to you is fully accounted for
- No fee unless we win your case
- No upfront costs
- Direct attorney access throughout
- Same-day and private consultations anywhere in Massachusetts if you cannot travel
$300K+ Won For Clients
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8+ Years of Legal Expertise
98% Legal Success Rate
100+ Injured Victims Helped
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Massachusetts lets a victim sue the attacker directly.
A civil claim is separate from the criminal case
An assault and battery is a crime under MGL Ch. 265 Sec. 13A, but the criminal case is brought by the Commonwealth to punish the offender, not to compensate the victim. Your civil claim is entirely separate. It seeks money for your injuries and can proceed regardless of whether the attacker is charged, convicted, or acquitted, because a civil claim is proven by a preponderance of the evidence, a lower standard than the criminal “beyond a reasonable doubt.” That is why a victim can lose in the criminal system, or see no charges at all, and still win a civil case.
Who can be sued: the attacker and beyond
The civil claim starts with the person who attacked you, an intentional tort that, because the conduct was deliberate and malicious, can support punitive damages on top of your actual losses. But the attacker is often not the only defendant. A property owner who failed to provide reasonable security where violence was foreseeable, at a bar, club, apartment complex, or parking area, may be liable for negligent security. A licensed establishment that served the attacker while he was intoxicated may be liable under MGL Ch. 138 Sec. 69, the dram shop law. Each added defendant can mean another source of recovery, often backed by insurance the attacker does not have.
Damages, comparative fault, and deadlines
A civil assault and battery claim can recover medical costs, lost wages, pain and suffering, and, because the conduct was intentional, punitive damages. Comparative fault under MGL Ch. 231 Sec. 85 applies in a limited way, since a victim is rarely responsible for being attacked. The deadline to file is generally three years from the assault under MGL Ch. 260 Sec. 2A, and when an attack is fatal, the family may bring a wrongful death claim under MGL Ch. 229. Acting within these deadlines, and preserving the evidence early, protects the claim.
Assault and battery civil claims arise across Massachusetts.
Where assault and battery happens in Massachusetts
Assaults happen across the Commonwealth, and where they happen often points to a second responsible party. Attacks at bars and nightclubs raise dram shop and negligent-security questions; assaults in apartment complexes, parking garages, and at events raise negligent security where the property owner ignored a known risk of violence. The setting matters, because a property owner who failed to provide the security a reasonable owner would have, in a place where violence was foreseeable, can be held liable alongside the attacker.
Building the civil case
A civil assault and battery case is built from evidence that must be preserved quickly. The police report and any criminal proceeding, your medical records, photographs of your injuries, witness accounts, and surveillance footage all establish what happened. Where negligent security is in play, the property’s history of prior incidents and its security measures become central, and where alcohol fueled the attack, the establishment’s service records matter. Identifying the attacker and the parties with insurance behind them is part of making the recovery real.
Where these cases proceed
A civil assault and battery claim is filed in the county where the attack occurred, in the District Court or county Superior Court depending on its size, confirmed from mass.gov, and it proceeds separately from any criminal case. Because these claims often involve serious injuries, multiple defendants, and punitive damages, Superior Court filings are common. Larson Law handles assault and battery victim claims across all of Massachusetts, and the first review of your claim is always free.
A civil claim can reach beyond the criminal case.
What a civil claim may support depends on the severity of the attack, who else was responsible, and whether the conduct supports punitive damages. The recovery reaches past the first hospital bill, into long-term treatment, lost income, the lasting emotional toll, and the punitive damages that intentional violence can justify.
Medical Bills and Future Treatment Costs
Lost Wages and Earning Capacity
Pain, Suffering, and Emotional Distress
Punitive Damages for Intentional Harm
What to do after an assault or attack.
Get care and report the attack
Get medical care and report the attack to the police right away, and keep every record. Save names of witnesses and any messages, because in a civil case the early evidence is what wins the case here.
Talk to a civil assault and battery lawyer
Call us or send the form. An assault and battery civil lawsuit lawyer will review what happened, explain your civil rights, and map your next steps, entirely free of any cost to you, today, right now.
We build the civil case from here
We identify every party who is liable, build the civil case, deal with the insurers directly, and carry your claim through to the full and fair resolution you are owed, every step of the way, for you.
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Reach an assault and battery civil lawsuit lawyer now.
A civil assault and battery claim depends on building proof independent of the criminal case, on identifying every responsible party, including a negligent property owner or an over-serving bar, and on a filing deadline that does not move. Tell us what happened and where you are in your recovery, and we will explain who can be held responsible and what your claim may support. When an attack is fatal, the surviving family may bring a wrongful death claim under MGL Ch. 229. The first review is free and confidential, and there is no fee unless we win.
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 handle civil assault and battery, negligent security, and dram shop claims across all of Massachusetts, from the first call to the final resolution. Whatever happened, we will tell you where you stand at no cost.
Assault and battery civil claim questions, answered.
Can I sue someone who assaulted me even if there are no criminal charges?
Yes. A civil lawsuit is separate from the criminal case. The criminal case belongs to the Commonwealth, but your civil claim belongs to you and seeks compensation for your injuries. It can proceed whether or not the attacker is charged, and it is proven by a preponderance of the evidence, a lower standard than the criminal “beyond a reasonable doubt.” Many victims recover in a civil case even when the criminal system produced no charge or no conviction.
What if the attacker was found not guilty in criminal court?
You can still win a civil case. The two systems use different standards of proof. A criminal acquittal means the state could not prove guilt beyond a reasonable doubt, but a civil claim only requires a preponderance of the evidence. An acquittal does not bar your civil lawsuit, and the civil case is decided on its own evidence. This is why a separate civil claim is so important for a victim seeking compensation.
Besides the attacker, who else can be held responsible?
Often more than one party. A property owner who failed to provide reasonable security where violence was foreseeable, at a bar, club, apartment complex, or parking area, may be liable for negligent security. A licensed establishment that served the attacker while intoxicated may be liable under the dram shop law, MGL Ch. 138 Sec. 69. An employer may be liable for an employee’s attack in some circumstances. Each added defendant can mean another source of recovery backed by insurance.
What is negligent security?
Negligent security is a premises liability claim. When a property owner knows or should know that violence is foreseeable on the property, and fails to take reasonable security measures such as lighting, cameras, locks, or guards, the owner can be held liable when an attack occurs. The property’s history of prior incidents is often central. It is a common and important second claim alongside the case against the attacker, especially because property owners typically carry liability insurance.
Can I recover punitive damages?
Possibly, and that sets these cases apart. Because an assault and battery is intentional and malicious conduct, a civil claim can support punitive damages, which are meant to punish and deter, on top of compensation for your actual losses. Most ordinary injury cases cannot reach punitive damages, but the deliberate nature of an assault can justify them. Whether they apply depends on the facts, which we evaluate as part of building the claim.
The attacker has no money. Is it worth suing?
Often, yes, because the attacker may not be the only defendant. A negligent property owner or an over-serving establishment usually carries liability insurance, which can fund a recovery the attacker never could. Even where only the attacker is liable, a judgment can be enforced over time. We assess every responsible party and every insurance source before advising you on the value of pursuing the claim.
How is a civil assault and battery case proven?
Through evidence preserved early. The police report and any criminal proceeding, your medical records, photographs of your injuries, witness accounts, and surveillance footage establish the attack. For a negligent-security claim, the property’s prior-incident history and security measures matter; for a dram shop claim, the establishment’s service records do. We build the proof from these sources to meet the civil standard and identify every party responsible.
What if I was partly involved in the altercation?
You may still have a claim. Comparative fault under MGL Ch. 231 Sec. 85 applies in a limited way to intentional-tort cases, and a victim is rarely held responsible for being attacked. Insurers and defendants may try to characterize an attack as a mutual fight to avoid liability. We hold any such argument to the actual evidence, including witness accounts and any criminal findings, to protect your claim.
How long do I have to file a civil assault and battery claim?
Under MGL Ch. 260 Sec. 2A, the deadline for most Massachusetts civil injury claims, including assault and battery, is three years from the date of the attack. A negligent-security or dram shop claim against another party runs on the same general period but depends on evidence that fades sooner. When an attack is fatal, the wrongful death claim under MGL Ch. 229 applies. Acting early protects both the deadlines and the proof.
Is a civil case private and confidential?
Your initial consultation with us is private and confidential. A civil lawsuit itself becomes a court matter once filed, but we handle these sensitive cases with discretion, and much can be resolved through negotiation. We discuss your goals, including privacy, before any step is taken, and we explain what each stage of a claim involves so you can decide how to proceed with full information.
Does Larson Law handle assault and battery victim cases statewide?
Yes. Larson Law handles civil assault and battery, negligent security, and dram shop claims across all of Massachusetts, in every county. Wherever the attack happened, reach out by phone, text, or the confidential form on this page at no cost, and we will explain who may be held responsible, whether punitive damages apply, and what your civil claim may support.
Where is a Massachusetts assault and battery civil case filed?
A civil claim is filed in the county where the attack occurred, in the District Court or county Superior Court depending on its size, confirmed from mass.gov, and it proceeds separately from any criminal case. Because these claims often involve serious injuries, multiple defendants, and punitive damages, Superior Court filings are common. When an attack is fatal, the wrongful death claim under MGL Ch. 229 proceeds through that county’s courts.
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.