In many cases, civil lawsuits involve injuries sustained in accidents. However, you can also submit a civil claim for damages related to the assault.
You should talk to a lawyer about suing the person who hurt you for fair compensation. You might incur significant expenses related to medical bills, lost income, and deep pain and suffering. Your time to file such a case is limited. Generally, civil injury cases must be filed no later than 2 years after the injuries occurred. Getting started as soon as possible is best, especially if you anticipate a criminal trial. Damages should reflect the economic costs of your injuries and painful experiences. If your injuries are severe and the assault was traumatic, your damages might be quite high. To prove your claims for these damages, we need evidence. If the defendant is criminally prosecuted, we might use a lot of the evidence from the criminal investigation. If not, we must work to find our own evidence.
Call (312) 578-8502 to speak to our attorneys for assault victims, and ask our team at the Rhatigan Law Offices for a free case review to begin.
Can I Sue the Person Who Assaulted Me in Naperville, IL?
If you were assaulted, you should report the incident to the police immediately. After an investigation, the assailant may be arrested and tried for their crimes. At the same time, you should speak to an attorney about suing the assailant and making them pay for your expenses related to the assault.
Assault, according to 720 I.L.C.S. § 5/12-1(a), occurs when someone without legal authority knowingly engages in conduct that puts another person in reasonable apprehension of battery. Aggravated assault, as explained under 720 I.L.C.S. § 5/12-2, is more severe and often met with harsher penalties.
While assault is often met with criminal charges, you also have the right to sue the person who hurt you. This lawsuit is filed as an “battery” lawsuit for situations where the defendant actually injured you and an “assault” lawsuit for situations where the defendant put you in immediate fear of being injured. For example, pulling back a punch right in front of you would be assault, but actually punching you would be battery. These lawsuits are often filed together as “assault and battery” cases.
You might have significant medical bills from treating your injuries. You might lose income because you are too injured to return to work. Restitution might not cover these costs completely, and you can sue for your remaining damages. On top of it all, you might be deeply traumatized by the assault, which restitution likely will not cover at all. Even if the defendant is not criminally charged or found not guilty, you can still sue them.
Your Time Limit to Sue Someone for Assault and Battery in Naperville, IL
Do not wait too long before speaking with a lawyer about suing for assault and battery. The statute of limitations in Illinois, 735 I.L.C.S. § 5/13-202, gives personal injury plaintiffs only 2 years to file lawsuits. This applies to injuries from accidents in addition to those from intentional torts like assault.
Time is of the essence in any civil claim, but this is especially true in civil assault and battery cases. First, the sooner our lawyers for victims of assault can get to work, the more likely we can help you recover valuable evidence. Such evidence might disappear or be destroyed over time.
Second, you might face a harsher time crunch if the defendant is criminally charged. Generally, criminal cases take priority over civil claims. If the defendant is facing criminal charges for the assault, we might need to wait until criminal proceedings are over before we can move forward with a civil claim. We can file the claim while criminal hearings are going on, but your civil claim might not begin for a while.
Potential Damages in a Naperville, IL Lawsuit for Assault and Battery
One of the main purposes of a civil lawsuit is to recover damages. In cases of assault and battery, you can claim significant economic damages related to the money you had to spend to recover. You may also claim damages related to more subjective yet painful happenings.
A big part of many claims for economic damages is medical costs. After the assault, you might have been taken to a hospital for treatment. Depending on the severity of the attack, you might have been very badly injured. If aggravated assault is involved, you might have been badly hurt with a deadly weapon. In short, recovery might be long and expensive.
You may also claim various other expenses related to assault and battery. If you cannot go back to work while you recover, you may claim the value of your lost earnings. If any personal belongings were damaged or lost in the assault, you may claim the cost to repair or replace them.
Non-economic injuries and damages are less concrete and more subjective. They are based on painful experiences and are rather subjective. As such, their overall value tends to vary and is ultimately decided by the jury. You can claim non-economic damages related to your physical pain, psychological trauma, humiliation, and other awful experiences you have endured.
Evidence We Need to Build Your Assault and Battery Case in Naperville, IL
We need the strongest evidence to build the strongest case possible. A good place to begin is with the location of the assault. Were there other people around to see it? Maybe you were in a public area with security cameras nearby. Witnesses and security footage of the assault can help us paint a detailed picture of what happened for a jury.
We should also get copies of your medical records from when you were treated for your injuries. This is especially important in cases where injuries are severe, such as aggravated assault cases where a weapon is used.
If you took photos of the defendant during or after the assault, these pictures might be incredibly useful. If the defendant claims they were not involved in the assault, your pictures might show otherwise.
Contact Our Naperville, IL Attorneys for Victims of Assault for Legal Help
Speak to our attorneys for victims of assault by calling (312) 578-8502 and ask our team at the Rhatigan Law Offices for a free case review to begin.
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