Overview — civil claims after a physical attack in Illinois
If someone physically assaulted you, you can pursue a civil claim to recover money for medical bills, lost income, pain and suffering, and other losses. A civil claim is separate from criminal charges the state may bring. This article explains, in plain language, the typical civil steps under Illinois law, what you must prove, and important deadlines to protect your rights.
Key legal concepts (easy to understand)
- Civil claim vs. criminal case: A civil claim (a lawsuit) seeks money or other civil relief from the person who harmed you. A criminal case is the state prosecuting the alleged wrongdoer. Both can proceed at the same time.
- Intentional torts: An assault or battery in tort law is an intentional wrongdoing. An assault generally means placing someone in reasonable fear of an imminent harmful or offensive contact; a battery means the harmful or offensive contact itself. Illinois courts apply these common-law principles when deciding civil claims for assault and battery.
- Burden of proof: In civil court you must prove your claim by a preponderance of the evidence — that it is more likely than not the defendant caused your injury.
Statute of limitations — act quickly
Most personal-injury claims in Illinois, including claims arising from an assault, must be filed within two years from the date of injury. That deadline comes from the Illinois Code of Civil Procedure. Missing the deadline usually ends your right to sue, so act promptly.
See the statute: 735 ILCS 5/13-202 (limitations for actions for injury to the person).
Practical step-by-step guide
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Get medical care and document injuries.
Seek medical attention immediately. Medical records and bills are the most important evidence of injury and treatment. Take dated photographs of injuries and any locations or objects involved.
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Report the incident to police and obtain the report.
Filing a police report creates an official record. A criminal investigation can also help your civil case by producing statements, evidence, and photographs. Illinois criminal assault provisions are located in the Illinois Criminal Code: 720 ILCS 5/12-1 (assault).
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Preserve evidence and witness information.
Keep clothing, phones, receipts, and other physical evidence. Write down everything you remember as soon as possible. Collect names and contact information for witnesses and save any video or social-media posts related to the incident.
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Identify the correct defendant and possible insurers.
The person who assaulted you is the usual defendant. In some cases an employer, property owner, or organizer may share liability (for example, if they negligently allowed dangerous conditions or failed to supervise). Ask early whether the other party has liability insurance.
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Demand letter or settlement attempt.
Before suing, most civil cases start with a demand letter describing the injury and requested compensation. Many cases settle after investigation and negotiation. Keep settlement communications in writing and review any offer with counsel.
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File a lawsuit if necessary.
If negotiations fail, an attorney will file a complaint in civil court (naming parties, listing facts, and stating legal claims). The defendant receives a copy of the complaint and must answer. The case then moves through discovery, possible mediation, and, if no settlement, trial.
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Prove your damages and liability at trial or settle.
Damages commonly recovered include medical expenses, future medical costs, lost earnings, reduced earning capacity, pain and suffering, and sometimes punitive damages when the defendant’s conduct was intentional and malicious. Evidence includes medical records, witness testimony, photos, and expert reports.
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Collecting a judgment.
Winning a judgment is one step; collecting it is another. If the defendant lacks assets or insurance, collection can be difficult. An attorney can advise options like garnishment, liens, or settlement structures.
When to hire a lawyer
Speak with an Illinois personal-injury attorney early if your injuries are significant, the facts are disputed, or the defendant has insurance. Many attorneys offer free consultations and handle cases on contingency (they only get paid if you recover). An attorney will help with preserving evidence, meeting deadlines, preparing pleadings, and negotiating or litigating effectively.
Important timeline reminder
Remember the two-year limitation for most personal-injury suits in Illinois: 735 ILCS 5/13-202. File before the statute runs out to avoid losing your right to sue.
Sample hypothetical to illustrate the process
Hypothetical: You are pushed by a stranger at a bar and suffer a broken wrist. You call police, get emergency care, take photos, and keep your hospital bills. You later learn the assailant has an injury-liability policy through the bar. You send a demand letter to the assailant and the bar’s insurer. If the insurer denies fair compensation, you (or your attorney) file suit within two years, proceed through discovery, and either settle or try the case at trial.
Helpful hints
- Act quickly: preserve evidence and get a consultation before the two-year deadline.
- Document everything: dates, times, witnesses, photos, and medical notes.
- Be careful about social media: posts can be used against you in discovery.
- Keep copies of bills and records of missed work to prove economic damages.
- If you fear further harm, contact law enforcement and ask about protective options.
- Ask whether the other party has insurance; many claims are resolved through the insurer.
- Use victim resources: the Illinois Attorney General provides information for crime victims at illinoisattorneygeneral.gov/victims.
Final notes and disclaimer
This information explains common steps and timing under Illinois law, but it is general guidance only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Illinois attorney as soon as possible.