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Recovering Damages After a Bar Fight

Posted on in Blog Post

IL injury lawyerSome “bar fights” would be better classified as “bar assaults and batteries.” The term “bar fight” makes it sound as if two or more adults mutually decided to engage in physical combat when that is frequently not the case at all. Often, only one party wants to fight and initiates an attack, leaving the other party no choice but to defend themself. These bar attacks can result in serious injuries to the person who did not want to become involved in a fight.

If you were attacked in a bar and suffered injuries, you may have multiple options for recovering damages. It is important to get the appropriate medical care and then speak to an attorney as soon as you can. Witnesses will need to be interviewed while their memory is fresh, and any relevant footage from security cameras needs to be preserved promptly.

How Can I Recover Damages After a Bar Fight I Did Not Start?

There are two (or more) parties who could be liable to you. First, there is the person or people who initiated the attack. In some cases, the bar itself could be liable. An attorney can help you decide who to file a claim against. You may be able to file claims against multiple parties depending on the situation.

The person who started the fight by attacking you could be liable to you for civil assault and/or battery. It is important to note that in civil litigation, the term “assault” refers to an action that causes you to believe another person is about to injure you. For example, if you saw your attacker charging at you with his fist raised, that would be an assault. When he actually makes physical contact with you in a harmful way - for example, by punching you - that is considered a “battery.” Most bar fight litigation involves both.

You can sue the person or people who assaulted or battered you whether or not they were arrested and charged - although it is helpful if they were. You can also file this type of claim even if you were also arrested - although this is not helpful. Bar fights can create confusing and chaotic scenes. Police may arrive and hear conflicting statements regarding who started the fight and what happened. Your attorney will likely need to conduct an independent investigation to gather evidence that you were attacked and only engaging in self-defense.

Under the Dram Shop Act, the bar could also be liable if they over-served your attacker. Sober or only drunk-within-reason people are typically unlikely to start bar fights. The bar could also be liable if a lack of appropriate security contributed to the attack. For example, if your attacker or attackers had been acting aggressively towards you or other patrons, and the bar failed to kick them out, the establishment could be liable to you. If your assailant has minimal assets, this may be the better option.

Call a Glenview Injury Lawyer

Quinn Law Group, LLC is skilled at recovering damages for individuals who were forced to defend themselves during an attack in a bar. Our experienced Park Ridge bar fight attorneys will conduct a complete investigation to determine who may be liable to you. Call 847-232-7180 for a free consultation.

 

Source:

https://www.illinoiscourts.gov/Resources/f66ca435-2ad2-4924-8ab2-a9a798b21252/150.00.pdf

 

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