Two months ago I was attacked by girlfriend's ex boyfriend while we were on a date in Boston (me and the girl!). My arm was broken and my head was banged up and as a result I missed a couple of weeks of work and had some hospital bills that my insurance did not pay. On the plus side, the lady in question has been treating me REAL well since the attack. My girlfriend is a paralegal and she says that her boss told her it might be better to wait until after the guy in question gets prosecuted in criminal court before I sue him. He does have some money and a house with equity. But that lawyer is a real estate closing guy and I'm worried about the statute of limitations. So the two questions are should I wait until after the prosecution to bring by injury lawsuit? And what is the statute of limitations?
Submitted by Gino on Sat, 12/10/2011 - 08:45
Assault suit after criminal trial
Depending on the case, how many witnesses saw the incident, and other factors, when you eventually hire a personal injury attorney, she may advise you to wait until after a conviction before bring your civil law suit to recover damages based on your injuries. Or she may not. Obviously, there is no rule requiring you to wait until after the prosecution. Also, I should emphasize that you can still bring a civil suit and prevail even if the person who assaulted you is found not guilty during a criminal trial. As to your second question, the statute of limitation for injury cases in Massachusetts, such as your case, is three years. So you and your attorney have plenty of time to act. Good luck, and I hope you feel better.