Assault and battery is a crime in Massachusetts that carries criminal penalties, including a fine, prison time, or both depending on the severity of the offense. While these penalties punish a defendant, they do nothing to compensate a victim of an assault and battery. If you have been seriously injured as a result of an assault and battery in Massachusetts, you may have grounds to file a civil claim for damages. Call the office of Tetzel Law directly today to learn more about your legal rights.
Injuries from an Assault and Battery
Depending on the severity of the assault and battery crime, such an offense could leave a victim with serious injuries, including:
- Internal injuries, such as bleeding internal organs and organ damage
- Traumatic brain injury, which may occur if the head is hit with force or penetrated by a sharp object
- Bone fracture injuries
- Soft tissue injuries
- Bruising, cuts, and lacerations
- Psychological injuries, including fear, anxiety, depression, and even post-traumatic stress disorder
Of course, the list of the above injuries is not inclusive. If you have been the victim of an assault and battery in Massachusetts and have suffered harm, call our law firm directly to explore your legal options.
Can You Sue for an Assault and Battery Injury?
While the state will prosecute a defendant named in an assault and battery case, an individual victim of an assault and battery has the right to bring forth a civil claim for damages, which is completely separate and distinct from a criminal case. What’s more, while the burden of proof in a criminal case is beyond a reasonable doubt, in a civil case, that burden is changed to “a preponderance of the evidence,” a lower standard. In order to hold a defendant liable for your harm, you’ll need to prove that the defendant caused your injuries and damages as a result of physical contact with the other party, and that the physical contact was not consensual.
Compensation Available in a Personal Injury Claim
If you can prove that the defendant breached your rights and caused you harm, you can seek compensation for the full value of your economic and noneconomic losses, including the value of your medical expenses, lost wages, pain, suffering, and emotional distress. How much you will be able to recover depends on various factors, such as the extent of your injuries, the permanency of your injuries, the value of your lost wages and earning capacity, if there is a recovery available through insurance or from the defendant, etc.
Call Tetzel Law Today
While the criminal justice system may prosecute someone who has allegedly committed an act of assault and battery, such a prosecution will yield no recompense for the victim of such a crime. At the law office of Tetzel Law, our Massachusetts personal injury lawyer can help you to file a claim for damages and seek compensation for your harm. Reach out to our law firm directly today by phone at (617) 742-1700 or send us a message online to request your free, no-obligation consultation.