Submitted by HBG on Wed, 05/11/2011 - 08:46
My friend (really not me) was attacked at a party thrown by a fraternity at a local college in Boston. He really didn't do anything to start the fight and the cops charged the other kid with assault and battery not my friend. Could my friend sue the other guy for a personal injury claim under Massachusetts law? Or is that a different kind of law suit/ Does he have to wait for the criminal matter to sort itself out, with a conviction? Thanks.
Injuries caused by assault and battery
Yes, your friend could sue the attacker under Massachusetts law for his personal injury. You can follow this link for more information about law suits resulting from an assault and battery. In answer to the second question, your friend does not have to wait until the criminal matter has resolved itself. His attorney may decide, for tactical reasons, to wait, but the suit for damages resulting from your injuries could be filed even if there were no pending criminal charges. Hope your friend feels better.