Boston Assault & Battery Injury Lawyer
The Weymouth Massachusetts personal injury lawyers at Curran & Desharnais, P.C. handle all varieties of personal injury claims including claims for injuries from assault and battery, car accidents, medical negligence, motorcycle accidents, wrongful death claims, construction site accidents and more. Our attorneys are always available to help you with a free consultation. Call us today at 781-277-3262 to discuss your claim.Recovering Compensation for Assault and Battery Injuries
While there may be criminal charges that can be brought against the responsible party, this is not the only penalty available. Under our legal system, a victim of an assault and battery can bring a civil lawsuit against the party who caused them harm. The purpose of a civil lawsuit is to make a person whole for any damages, injuries or other harm that they may have suffered.
In order to successfully bring a claim for an assault and battery, a plaintiff (the victim) must show that they were harmed as a result of physical contact by another party and that the contact was not consensual, or agreed to. Although there are many settings in which these injuries can occur, often these injuries happen in the context of bar brawls, house parties, sporting events, concert events or other venues where both crowds and alcohol are present. Our law office has also successfully pursued claims arising out of road rage incidents and even physical disputes between neighbors.Proving Liability
In many instances, there are other parties that may share responsibility for any injuries that occur. For example, a person who is attacked or assaulted in a bar or nightclub may be able to pursue a claim against the bar or nightclub.
Injuries that occur in bars, restaurants, or night clubs, fall within the area of negligence law known as negligent security. As a visitor of a club or bar, you have the right be safe and not be attacked or harmed by other patrons, or by over-aggressive security personnel.
In order to win a lawsuit against a third party defendant such as a nightclub or bar, the injured party (the Plaintiff) must show that the defendant was negligent in some way and that the defendant’s negligence was the cause of your injuries. For example, a bar has a duty to take steps to make sure its patrons are safe. This means bars or clubs must make sure that patrons are not being over-served alcohol or acting in manner that threatens other customers. If a customer appears drunk or rowdy, the bar or nightclub must take steps to ensure that the intoxicated party is not served additional alcohol and/or is removed from the premises. This duty also includes making sure that the establishment has enough trained security personnel for the protection of their patrons. If a bar or club fails to have adequate security personnel, or fails to have properly trained security, then a bar may be held accountable for any injuries or damages that are caused either by other patrons, or by its own employees.How Much Money Is My Assault and Battery Claim Worth?
Every injury case is unique and involves specific facts that will impact the potential settlement value of a claim. Factors that may impact the worth or “value” of a personal injury claim include:
- The type and severity of the injuries;
- Whether the injuries are temporary or permanent;
- The amount of any medical bills or expenses;
- The extent of any physical impairment;
- The amount of any lost wages or loss of earning capacity;
A skilled personal injury attorney will look to all of these factors and more when preparing a case and will fight vigorously to make sure their client is treated fairly and with dignity.Hiring a Boston Assault and Battery Lawyer
The personal injury attorneys at Curran & Desharnais have successfully represented numerous victims of physical assaults in Boston and throughout the state of Massachusetts. This area of law often overlaps with other legal claims such as negligence and includes recovery for injuries caused by sexual assaults, excessive use of force, and other criminal attacks due to failure to have adequate security, or insufficient training for security personnel.
The Boston Assault Attorneys at Curran & Desharnais will take immediate steps to investigate the facts surrounding your injuries and will take action to collect and preserve important evidence needed to help establish liability against the responsible parties in order to win your case.
This evidence may include recovery of video footage, witness statements, police and/or ambulance reports, police dispatch call logs, internal incident reports and other evidence.
Physical assaults can result in serious and permanent injuries and may cause scarring, disfigurement, brain injuries or Post Traumatic Stress Disorder.
Contact a Boston Assault and Battery attorney at Curran & Desharnais, P.C., today at 781-277-3262 to discuss your legal rights and learn what options may be available to you.
Our consultation is always FREE and we will not receive any compensation unless we are able to win your case in court or secure a favorable settlement or award on your behalf.