Violence often strikes when we least expect it, and assaults strike more often than people realize. If you were assaulted and injured, our attorneys can help you sue the assailant for damages.
How we can help you sue for assault and battery depends on the circumstances surrounding the case. Ordinary assault cases often involve less severe injuries. Meanwhile, aggravated assault tends to involve far more serious injuries, and weapons are a common factor. Damages may depend on whether your assault was aggravated or not. Either way, there might be significant damages on the line. Hospital bills, physical pain, and psychological trauma should be considered, among other injuries and losses. We need evidence to back up your claims. Evidence from the scene of the assault, witnesses, and possibly police reports might be necessary. Speak to an attorney about beginning a case soon, as you have limited time to file your case in court.
Talk to our lawyers for victims of assault by calling the Rhatigan Law Offices at (312) 578-8502 and ask for a claim evaluation at no cost to get started.
Damages Available in Assault and Battery Cases in Joliet, IL
In a civil lawsuit, damages reflect the losses and painful experiences suffered by the plaintiff because of the defendant’s actions. In an assault and battery case, this may include various financial costs in addition to damages for pain and suffering. An attorney can review your case and help you determine what your damages are and how much they are worth.
While damages are often compensated with money, not all damages are connected to an actual financial cost. Instead, these non-economic damages are evaluated based on the overall toll they take on the plaintiff’s life. For example, you may claim non-economic damages for physical pain, mental trauma, emotional suffering, humiliation, and more. The jury usually decides what these damages are worth.
Many other injuries and losses may be measured in dollars and cents. You may claim the cost of medical bills and the value of damaged or destroyed property. If you cannot go back to work for a while because of your injuries, you may claim lost income. Talk to a lawyer to determine the extent of your economic losses.
How Assault and Battery Victims in Joliet, IL Can Sue for Damages
When someone is assaulted, the assailant is often arrested and hit with some pretty serious criminal charges. Many people believe this is the only way we can achieve justice. In some cases, this is where legal proceedings end. However, they do not have to end here. You may sue the person who assaulted you in civil court.
Under 720 I.L.C.S. § 5/12-1(a), assault involves a person without lawful authority knowingly engaging in some kind of conduct that places another in reasonable apprehension of receiving battery and physical injuries. Aggravated assault, according to 720 I.L.C.S. § § 5/12-2(a)-(c), is similar to assault but is a harsher charge for harsher circumstances. Civil claims are often referred to as assault and battery cases rather than just assault.
Civil law distinguishes between assault and battery. Assault occurs when someone puts you in imminent fear of physical injuries. Battery occurs when someone actually injures you, such as hitting, punching, kicking, or using a weapon. Raising a baseball bat as if to strike someone might be assault. Using the bat to actually hit someone is battery. In civil cases, these claims are usually filed together as “assault and battery” laims.
How does someone sue for a criminal act? The answer is surprisingly simple. You may sue for assault and battery the same way you might sue for any other personal injury. Talk to an attorney as soon as possible. In many cases, there is time to prepare a civil claim while criminal proceedings are happening. However, not everyone who commits an assault is charged for it.
Remember, the defendant in your civil claim does not have to be arrested or criminally charged with assault for you to sue them in civil court. If they are arrested and charged, they do not have to be found guilty for them to be found civilly liable.
Our attorneys for victims of assault can work with law enforcement to see if there is any evidence we can use in a civil case. An investigation by the police might have turned up all sorts of evidence we might not have found on our own.
How to Support Your Claims in a Civil Case for Assault and Battery in Joliet, IL
We must have evidence of the defendant’s actions to successfully prove your claims in court. Proving assault and battery is often difficult, as we must not only show that the defendant committed the act in question but intended to do so. Intent is tricky. It is not something you can hold up in front of a jury, and we might need to rely on multiple forms of evidence to establish intent.
First, we should gather evidence of your injuries. If you were badly hurt, the judge and jury need to know. Medical records and photos of visible injuries and wounds may be extremely helpful.
Next, we should find evidence of weapons. If you were assaulted with a weapon, firearm, or dangerous or deadly instrument, we need to find it. For example, perhaps the assailant used a gun. We must obtain the gun and present it as evidence.
Evidence might come from places both expected and unexpected. We can speak to witnesses, review photos or security camera footage, and examine police reports for additional information we might have missed.
In many assault and battery cases, defendants are criminally charged and out on trial. If the defendant is found guilty or pleads guilty in a criminal trial, we can use that as evidence in your civil case.
When You Should File a Lawsuit for Assault and Battery in Joliet, IL
Contact a lawyer about filing an assault and battery case as soon as possible. According to 735 I.L.C.S. § 5/13-202, plaintiffs with personal injury claims have a mere 2 years to submit their cases to the courts. This limitation period usually runs from the day you were hurt, meaning the clock starts ticking on your case almost immediately. If you do not file your case on time, you might lose your right to sue for assault and battery. Talk to an attorney as soon as possible.
Our Joliet, IL Lawyers for Victims of Assault Are Ready to Assist
Talk to our lawyers for victims of assault by contacting the Rhatigan Law Offices at (312) 578-8502 and ask for a claims assessment for no charge to get started.
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