Submitted by admin on Thu, 04/02/2009 - 08:56
I was beat up pretty badly outside a Boston club by a guy I know from my past. What does Massachusetts law say about that? I mean, is that a 'personal injury' in the sense that I could sue him for money? I had some medical expenses and was humiliated by the whole thing. Posted on The Forum by Josua.
First, sorry about what happened to you. Here is a little information that might help you out. Like most states, Massachusetts recognizes three general forms of actionable torts (wrongdoings). Negligence is the most common type of tort and encompasses a huge range of actions, such as medical malpractice, auto accidents, slip and fall, etc. A strict liability action is one where a party can be held liable even though there was no negligence or intentional act involved, such as an action based on lead paint poisoning.
What you are describing is an intentional tort, where a person causes damages through actions taken deliberately and knowingly, such as attacking another person. Other examples of intentional torts include defamation, trespass, invasion of privacy, and fraud.
Realistically, the only way to gauge whether your case has merit and the amount of damages you might be entitled to is to talk to an attorney who handles personal injury cases. That attorney might also have an opinion on whether or not you should press for criminal charges against your attacker prior to commencing a law suit.
For more information or to post a question, visit our MA Personal Injury Discussion Forum.