If I was attacked repeatedly by my girlfriend’s admittedly inebriated father because of my alleged criticism of his parenting, what charges can be filed against him?

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If I was attacked repeatedly by my girlfriend’s admittedly inebriated father because of my alleged criticism of his parenting, what charges can be filed against him?

I was thrown to the ground and had my head struck again and again against the concrete while he yelled that he was going to kill me. As a result of the altercation I was left with a concussion, lascerations on my face and head, as well as severe PTSD. Can I sue for damages?

Asked on October 10, 2014 under Criminal Law, Massachusetts

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your attacker can be charged in a criminal case with assault and battery.

You can also sue your attacker in a civil case for assault and battery.  The criminal and civil cases are separate and independent cases.

Assault is intentionally placing another person in reasonable apprehension of an immediate battery without consent or legal privilege. 

Battery is the harmful or offensive touching of the person of another without consent or legal privilege.

Your damages in your lawsuit for assault and battery should include compensation for your medical bills, compensation for pain and suffering which is an amount in addition to your medical bills, and compensation for wage loss.

Compensation for your medical bills is straight reimbursement.

Compensation for pain and suffering is an amount in addition to your medical bills based on your medical reports which document the nature and extent of your injuries.

Compensation for wage loss is straight reimbursement.

You can also seek punitive damages (a substantial amount to punish your attacker for his wrongful, malicious conduct).

Your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter. 

When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss and proceed with your lawsuit.  However, if the statute of limitations expiration date is approaching, file your lawsuit even if you don't have all of the documentation (medical bills, medical reports and wage loss).  You can amend the complaint (lawsuit) later after receiving complete documentation so that you won't miss the statute of limitations.


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