Being intentionally injured by someone in an assault and battery incident can cause serious physical harm while leaving deep emotional scars. Unfortunately, these violent acts can occur anywhere. If someone deliberately causes you harm, you deserve justice.
At Cooney & Conway, our experienced attorneys are prepared to determine what legal options you may have for seeking compensation. We understand the sensitive nature of these cases and will manage your case with compassion, confidentiality, and unwavering commitment to the pursuit of justice on your behalf.
Call our trusted Cook County law firm for a free case review today.
How Do I Know if I Have a Valid Assault and Battery Injury Case?
You may have a valid assault and battery case if someone intentionally harmed you. Assault does not have to include a physical injury; it occurs when someone creates reasonable fear of imminent harm. Battery happens when actual harmful contact occurs.
To have an assault and battery case, you must be able to show that the person acted intentionally, not accidentally. There must also be evidence of the injuries or damages you sustained from the incident.
Our knowledgeable attorneys can evaluate your specific situation to determine if your case meets Illinois legal requirements.
How Much Compensation Can I Recover for Assault and Battery Injuries in Illinois?
No attorney can guarantee you a specific outcome or amount of compensation for injuries resulting from an assault and battery attack in Illinois. Every case is unique and based on the type and severity of the injuries you sustained, as well as the overall impact to your life.
There are various types of compensation you may be entitled to, including:
- Medical expenses for emergency care, hospitalization, and ongoing treatment
- Lost wages due to missed work during recovery
- Future income losses if your injuries or emotional trauma impact your ability to work
- Physical pain and suffering from your injuries
- Emotional distress, anxiety, and psychological trauma
- Cost of therapy or counseling needed after the attack
- Permanent scarring, disfigurement, or disability
- Punitive damages in cases involving particularly egregious conduct
How Is a Civil Assault Case Different from a Criminal Case?
Civil and criminal assault cases in Illinois serve different purposes with distinct processes. Criminal cases are brought by the state against the attacker to punish wrongdoing. The prosecutor for the case decides whether to press charges. The standard of proof is “beyond reasonable doubt.” Penalties against the defendant may include jail time, probation, or fines paid to the state.
Civil assault cases focus on compensating the victim for injuries. As the victim of an assault and battery, you decide whether to file a civil lawsuit. The standard of proof for personal injury cases is “preponderance of evidence,” which is a lower threshold than for criminal cases. Compensation awarded goes directly to you for your damages. Both cases can proceed simultaneously, and often a criminal conviction may help to strengthen your civil case.
How Long Do I Have to File an Assault and Battery Claim in Illinois?
In Illinois, you typically have two years from the date of the assault and battery to file a civil lawsuit. This time limit, called the statute of limitations, is strictly enforced by Illinois courts.
If you miss filing your lawsuit before this deadline, you will likely be barred from recovering any compensation. There may be exceptions, but only in limited circumstances.
Your best bet is to contact an attorney promptly after the incident occurs. At Cooney & Conway, we can review your situation to determine your legal options and ensure your claim is filed within legal time limits.
What Types of Injuries Commonly Result from Assault and Battery in Chicago?
Assault and battery attacks in Chicago may result in multiple physical and psychological injuries. The most common injuries assault and battery victims may suffer include:
- Bruises, cuts, and lacerations
- Broken bones and fractures
- Head injuries and concussions
- Eye injuries and vision damage
- Dental injuries and broken teeth
- Internal bleeding and organ damage
- Stab or gunshot wounds
- Post-traumatic stress disorder (PTSD)
- Anxiety, depression, and sleep disorders
- Fear of public places or social situations
Who Can Be Held Liable for Assault and Battery Injuries in Illinois?
In assault and battery cases, liability often extends beyond just the direct attacker. The person who physically harmed you bears primary responsibility, but Illinois law recognizes that others may share legal liability. This broader approach provides victims with more potential sources of compensation, especially when the direct attacker lacks financial resources or insurance coverage.
These parties may share legal liability for your damages:
- Property owners may be liable when attacks occur due to inadequate security measures.
- Businesses like hotels, apartment complexes, shopping centers, and nightclubs have a duty to provide reasonable security to prevent foreseeable crimes.
- Employers can face liability if one of their employees commits assault while performing job duties.
- Additionally, bars and restaurants may be held responsible under Illinois dram shop laws if they over-served someone who then commits a violent act.
- Schools, organizations, and security companies may also bear liability if they neglected to address a known threat and their negligence contributed to conditions that allowed the assault to occur.
- Organizations that inadequately screened employees or volunteers
What Evidence Do I Need for My Assault and Battery Case?
Strong evidence is crucial for building a successful assault and battery claim. Since these incidents often involve disputed accounts of what happened, comprehensive documentation helps establish your version of events and the extent of your injuries.
Evidence that may help to strengthen your claim include:
- Photographs of visible injuries taken immediately after the attack and during the healing process
- Documentation of torn or bloodied clothing from the incident
- Audio or video recordings, including from any surveillance cameras, of threats made before, during, or after the assault
- Text messages, emails, or social media posts from the attacker admitting guilt or showing intent
- Medical records specifically noting “assault” as the cause of injury
- Hospital intake forms describing how the injuries occurred
- Statements from bystanders who witnessed the escalation leading to the attack
- Documentation of security failures at the location where the assault occurred
- Employment records if the attack happened at work or involved a coworker
- Prior police reports if the attacker has a history of similar behavior
- Mental health assessments documenting emotional trauma, PTSD, or anxiety following the attack
- Daily journal entries recording pain levels, medication needs, and emotional impacts
How Cooney & Conway Advocates for Assault and Battery Victims
Our knowledgeable assault and battery attorneys at Cooney & Conway provide comprehensive representation for victims in Chicago and elsewhere.
To begin with, our team will thoroughly investigate your case to identify all parties who may share liability for your damages. We work closely with medical experts to document and calculate your injuries accurately. Our attorneys handle all communications with the liable insurance companies and opposing counsel on your behalf. We prepare your case meticulously for possible trial while pursuing fair settlement negotiations.
Our experience with Illinois courts and local laws provides valuable insight for your case. If you choose our firm to represent you, we will fully manage your case while remaining accessible and keeping you informed throughout the legal process.
Need Legal Help After Being Injured in an Assault & Battery? We Are Here to Help You
If you are the victim of an assault and battery attack in Chicago or elsewhere, we encourage you to contact us for legal help today.
At Cooney & Conway, our experienced legal team offers free, confidential consultations to discuss your case. We handle assault and battery injury cases on a contingency fee basis. This means you pay no fees or costs up front. There is no need to face this difficult legal situation alone. Call our Chicago office today to get answers to your questions and determine what legal options may be available to you.