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Can a Victim of Assault and Battery Seek Compensation in Illinois?

Posted on in Assault and Battery

IL injury lawyerAlthough the terms “assault” and “battery” typically go hand in hand, they are actually two separate crimes under Illinois law. Assault is when someone knowingly engages in conduct that places another in reasonable apprehension of receiving a battery. Battery is when a person knowingly causes bodily harm to an individual or makes physical contact of an insulting or provoking nature. In other words, assault is the threat of harm, while battery involves actual physical contact. These offenses are different from other personal injuries that result from a negligent party since they are intentional. Therefore, in addition to the criminal case, a victim of assault and/or battery can pursue a civil case against his or her alleged perpetrator.

Damages for Assault and Battery

It is important to note that it is not necessary for a defendant to be convicted in a criminal trial for a victim to file a civil claim against him or her. As long as the plaintiff suffered damages because of the defendant’s wrongful actions, he or she can file a civil lawsuit. According to the Illinois Crime Victims Compensation Act, victims of violent crimes such as assault and battery can receive up to $27,000 for certain out-of-pocket expenses. Proof of some of these costs can include receipts for doctor visits or copies of medical records.

Below are a few examples of the damages a victim can seek for pain and suffering after an assault and battery:

  • Medical bills (hospital/rehabilitation)
  • Lost wages if unable to work
  • Counseling/therapy for post-traumatic stress disorder (PTSD)
  • Reduced earning capacity
  • Loss of enjoyment of life
  • Scarring or disfigurement
  • Emotional distress/anxiety
  • Loss of consortium

In some cases, a bar or restaurant where an assault and battery occurred may be held liable under the Illinois Dram Shop Act. This law means a business can be held liable for damages or injuries that were caused by a person who became intoxicated after consuming alcohol sold to him or her by that establishment.

Contact a Des Plaines Personal Injury Lawyer

Being attacked by another person can be a terrifying experience. In Illinois, assault and battery are considered serious criminal offenses. At the accomplished Quinn Law Group, LLC, we understand how an attack can affect you physically, emotionally, and financially. Our qualified and compassionate Glenview assault and battery injury attorneys will assist you in seeking damages for your pain and suffering so you can begin the road to recovery as soon as possible. To schedule a free consultation, call us today at 847-232-7180.


Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.05

http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=094-0463&GA=94

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