If Someone Assaults You in Massachusetts, Can You Sue?
Victims of assault and battery often suffer intense physical pain, emotional distress, and financial hardship because of their injuries. Those who commit assault and battery usually face criminal charges. Furthermore, perpetrators may have to compensate victims for the damages they caused.
Victims of an assault and battery may also pursue monetary damages through civil lawsuits. In order for a lawsuit to be successful, victims must show that a defendant caused or contributed to their injuries. A personal injury lawyer can help prove fault on behalf of a negligent defendant.
If you were injured because of an assault and batter in Massachusetts, get help recovering the financial compensation available to you. Contact our experienced Massachusetts personal injury lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407 for a free case review.
What Constitutes Assault and Battery in Massachusetts?
Assault and battery are often lumped together, however, they are different crimes. Each crime has distinct elements that must be established in order for plaintiffs to succeed in a personal injury lawsuit stemming from an assault or battery. Our Boston personal injury lawyers can help recover compensation for victims of either of the following intentional acts:
Assault does not require a defendant to make physical contact with their victim. There are three general elements for assault. Each of the following elements must be established for your personal injury case based on assault to proceed:
- The defendant made an intentional attempt to cause injury to you
- That intent was accompanied by an apparent ability to cause you imminent harm
- The defendant’s actions created a reasonable apprehension of imminent personal injury or offensive contact
Proving these elements can be complicated. Our experienced team can help determine if a defendant’s actions constituted assault in your case.
The elements of battery differ from those of assault. In order for your personal injury case based on battery to succeed, the defendant’s actions must have satisfied each of the following elements:
- The defendant intentionally touched or applied force to your body
- The touching occurred in a harmful or offensive manner
- The defendant acted without your consent
Like assault, proving the elements of battery can be difficult. Our Cambridge personal injury lawyers can help recover compensation in personal injury lawsuits based on battery.
Suing After an Assault or Battery in Massachusetts
Victims that suffered injuries because of an assault or battery may file lawsuits against offenders that caused their injuries. The legal strategies that apply to any particular case can vary depending on the type of injuries suffered.
However, in every case, the plaintiff must show that the defendant’s conduct caused or contributed to their injuries. Evidence such as eyewitness accounts and security footage can be highly valuable when proving fault for an assault or battery. However, recovering such evidence can be difficult. Our Gloucester personal injury lawyers can help victims obtain the evidence required to recover compensation.
Requirements for Filing an Assault and Battery Personal Injury Lawsuit in Massachusetts
After suffering an assault or battery, victims will have three years from the date of their injuries occurrence to file a personal injury lawsuit in Massachusetts. Failure to comply with this deadline could render a case invalid.
Furthermore, there are numerous other requirements that plaintiffs must adhere to when filling a claim. Plaintiffs must file a complete claim, attach supporting information, file their case in the correct court, pay any required fees, and serve a copy of their complaints on all named defendants. Failure to adhere to these requirements could force plaintiffs to re-file their claim. Accordingly, victims should begin work on their case quickly to afford themselves time to re-file if necessary. Our experienced Danver personal injury lawyers can provide assistance when filing your lawsuit.
Lastly, important evidence can become difficult to gather as time passes. Injuries heal, and relevant records can become lost. Therefore, victims should contact our lawyers as soon as possible for help building their case.
What Damages Can You Recover After Suffering an Assault or Battery in Massachusetts?
There are multiple categories of damages available in assault and battery personal injury lawsuits. The damages awarded can vary from case to case. If you were injured because of an assault or battery, our experienced Massachusetts personal injury lawyers can help determine which of the following damages may be available to you:
Pain and Suffering
Victims of assault and battery can recover for the immense physical pain and emotional anguish caused by an attack. Quantifying pain and suffering can be difficult. Our team can help fight for pain and suffering damages in your case.
Additionally, victims of assault and battery can recover damages for medical expenses incurred because of their injuries. Damages for medical expenses can cover anything from ambulance rides to rehabilitative treatment. Such damages are usually proven through medical records and bills. Therefore, victims should not wait to seek medical treatment after experiencing an attack.
Many victims of assault and battery are forced to miss time at work because of their injuries. Accordingly, plaintiffs may also recover damages for lost wages incurred while they were away.
Some injuries can inhibit victims’ abilities to work in the future. In those cases, plaintiffs may recover damages for the loss of future earning capacity. Our Lawerence personal injury lawyers can help gather evidence to establish a lost future earning capacity caused by an assault or battery.
Scarring and Disfigurement
Lastly, in some cases, victims of assault and battery will sustain substantial scarring and disfigurement. These victims may have difficulty engaging in social activities because of their visible scars. In such cases, plaintiffs may recover damages for the emotional and psychological cost of their injuries.
If You Were Injured Because of an Assault or Battery in Massachusetts, Our Lawyers Can Help
If you were injured because of an assault and batter in Massachusetts, seek guidance and support from our experienced Malden personal injury lawyers by calling the Law Office of John J. Sheehan at (617) 925-6407 for a free case review.