Chicago Assault Attorney

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Chicago Assault Lawyer

Were you the victim of an assault or battery?

It’s natural to feel scared or anxious after a traumatic event, especially considering the act that caused your injury was an intentional act of malice.

Finding a trustworthy advocate, an experienced Chicago assault attorney, can help alleviate some of that fear, and allow you to take control of the situation.

Contact an experienced Chicago assault attorney at TorHoerman Law for a free, no-obligation consultation.

 

Frequently Asked Questions

You do not owe us anything unless the case is won.

Our firm uses the contingency fee principle which means you do not pay a dime unless the case is won.

This is a difficult question to answer as each case is unique and without going over the details of your case, we cannot make generalizations.

The best thing you can do is to call our firm for a free consultation.

The initial phone call will allow us to discuss the circumstances of your case, determine how to proceed, and work out the estimated value of your case.

Majority of personal injury cases settle before ever going to trial, but occasionally, there are circumstances that force the case to go to trial.

The defendant could refuse to settle, offer an unreasonable amount, or the details of the case are disputed forcing the case to go to trial.

If your case does go to trial, you can expect your legal team to prepare all necessary documents and yourself for the upcoming trial.

Table of Contents

Defining Assault & Battery

While assault and battery are often used interchangeably, the terms mean two different things.

Assault is defined as an intentional act to physically harm or threaten an individual.

Even if the individual is not physically harmed, assault can occur if the victim feels threatened.

Battery is defined as actually causing serious bodily harm or the infliction of actual harm.

Acts of assault and battery can range from domestic abuse, bar fights, verbally accosting someone, physical, financial, sexual, or emotional abuse of nursing home residents, DUI/DWI, firearm crimes, reckless driving, to sexual assaults.

Both crimes are punishable by law, but both can also fall under the umbrella of intentional torts which allows victims to file a civil lawsuit to receive compensation for the damages suffered.

A Chicago assault attorney can help guide you on the steps needed to file an assault or battery lawsuit.

Intentional Tort Terms to Know

Common terms related to intentional torts include:

Assault

Threatening or attempting to inflict immediate harmful or offensive physical contact or bodily harm.

Battery

Intentionally or recklessly causing harmful or offensive physical contact or bodily harm.

Intentional Tort

A civil wrong inflicted intentionally that can form the basis of a personal injury lawsuit.

Intent

A mental state required to prove both assault and battery – typically, the perpetrator must intend to cause fear or touch the victim.

Damages

Money awarded to the victims to compensate them for the harm they have suffered or to punish the perpetrator.

What is the Difference Between Criminal & Civil Court?

When another individual causes injuries to you or a family member, law enforcement may pursue a criminal case against the aggressor.

But, an assault case can also be tried in a civil court, and it is important to understand the difference between the two.

The primary goal of a criminal case is to impose punishment on the individual for their wrongful act.

Punishment can be anything from fines to jail time.

A civil lawsuit, on the other hand, allows the plaintiff to receive compensation for the damages the aggressor caused.

The key difference in criminal and civil court is the intent.

An assault must be intentional to establish liability, but it also means that only one person (the defendant) meant to commit the act that caused the other person (the plaintiff) to feel threatened.

In a civil lawsuit case, the defendant’s motive does not matter, and the main question is if the plaintiff reasonably felt threatened by the defendant’s action.

In this type of case, an individual can receive compensation for the damages they suffered if the judge or jury finds the facts support the plaintiff by more than 51%.

If that is the case, the defendant can be held liable for providing monetary restitution to the plaintiff.

In a criminal case, it must be proved that the defendant acted with the intention to harm the plaintiff.

The judge must find that beyond a doubt, the defendant wanted to threaten or incite harm on the plaintiff.

The main question is whether the defendant had criminal intent.

What Else Should I Know About Assault & Battery?

Earlier you learned that assault and battery are two separate entities, but there are even different subcategories, too.

There are two levels of assault or battery  – simple vs. aggravated which can mean misdemeanor vs. felony charges.

Simple battery

“A person commits a battery if he or she knowingly without legal justification by any means causes bodily harm to an individual or makes physical contact of an insulting or provoking nature with an individual.”

Like simple assault, it is classified as a misdemeanor unless it involves a special victim such as a police officer.

In that case, the simple battery is upgraded to a felony charge.

Aggravated battery

Like aggravated assault, aggravated battery is a more severe form of physical violence, typically involving weapons or victims of specific circumstances.

If the aggravated battery is committed, felony charges can be filed.

Types of Assault and Battery

Domestic Abuse

The Illinois Domestic Violence Act of 1986 established laws that protect victims of domestic violence.

If an act of violence is committed by a “family or household member”, the victim is protected by the Illinois Domestic Violence Act.

As defined in the act, a “family or household member” includes spouses or former spouses, parents, children, and stepchildren, persons who formerly shared the same home, persons who dated or were engaged, regardless of gender, persons who allegedly have a child in common, persons with disabilities and their personal assistants.

Abuse can also include a number of things.

Most people believe it only includes physical abuse, but it can be defined as harassment, making a child or other person watch abuse, forcing you to do something you don’t want to do, or denying a disabled person access to needed care.

Verbal Abuse

As mentioned above, an assault can occur without inflicting injury.

If you have been verbally assaulted in a threatening manner, you may qualify for an intentional tort lawsuit.

Certain types of speech, specifically if threatening harm, are considered assault, even if an injury did not occur.

The only thing that needs to occur is fear for your or a loved one’s safety.

If you have questions about what type of verbal abuse qualifies, a Chicago assault attorney can assist.

Nursing Home Abuse

Stories of elderly loved ones being abused in nursing homes are not uncommon, unfortunately.

Physical, sexual, emotional, or even financial abuse are all examples of the types of abuse elderly nursing home residents can suffer at the hands of their caregivers.

Driving Under the Influence (DUI)/ Driving While Intoxicated (DWI)

You’re on your way home from work when out of nowhere, a vehicle hits you.

You suffer serious injuries as a result.

If the driver of the other vehicle was driving while under the influence of alcohol or drugs, they can be held both criminally and civilly liable for your injuries.

Reckless Driving

In a similar instance to driving under the influence or driving while intoxicated, reckless drivers can also be held liable if their actions caused injury to another person.

Charges can be pursued in a criminal court and a civil lawsuit could be filed seeking compensation for the damages suffered.

Firearm Crimes

While assault does not necessarily mean an injury was inflicted, battery occurs when harm to an individual has occurred.

Both assault and battery can be further divided between simple and aggravated.

The difference between the two is often the threat or use of a firearm.

If a firearm was used in the crime, harsher punishments are imposed, and the civil lawsuit can often request more compensation for damages.

Sexual Abuse and Assault

Sexual abuse is considered a form of assault.

In Illinois, sexual abuse and assault victims can take their abusers to court.

While criminal charges may have resulted, the charges, in that case, will not help pay for your pain and suffering.

This is where a civil case comes into play.

Holding the responsible party accountable for the harm done to you rather than the crime committed can help you recover compensation for your suffering, medical bills, and even emotional distress.

Proving the Accuser’s Intent

In order to file a civil lawsuit, the victim must establish three (3) elements in order to prove the accused’s intent:

  1. The individual committed the act that caused intentional physical, verbal, or emotional distress to your body or property.
  2. This contact was perceived as harmful, unwanted, or offensive.
  3. You, the victim, did not consent to the contact.

How Can a Chicago Assault Attorney Help?

As Chicago injury lawyers, we have seen first hand the implications an assault can have on a person’s mentality – there is no sugar coating the devastating effects.

We will fight for the compensation you deserve to move forward, and by doing that, you will be able to concentrate on healing from the experience.

But, you may be wondering what does compensation usually cover?

Victims of assault an/or batter are entitled to both compensatory and punitive damages which can encompass a number of things:

  • Wages lost during recovery
  • Medical bills
  • Psychological counseling
  • Pain and suffering
  • Loss of enjoyment of life
  • Emotional distress or trauma, including anxiety or insomnia

Our unwavering dedication to our clients has allowed us to win millions in verdicts.

If you are interested in learning more, we offer free, no-obligation consultations for any potential Chicago intentional tort lawsuit cases. 

Contact TorHoerman Law today to speak with an experienced Chicago assault attorney.

“Criminal Offenses (720 ILCS 5/) Criminal Code of 2012.” Illinois Compiled Statutes, Illinois General Assembly, www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=21100000&SeqEnd=23000000.

“Domestic Violence.” Illinois State Police, Illinois State Police, www.isp.state.il.us/crime/domesticviol.cfm.

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RESULTS

MORE THAN $4 BILLION AWARDED
IN VERDICTS & NEGOTIATED SETTLEMENTS

$2.4
BILLION

ACTOS INJURY LAWSUIT
PHARMACEUTICAL PRODUCT

$1.5
BILLION

SYNGENTA CORN LAWSUIT
CHEMICAL EXPOSURE

$650
MILLION

PRADAXA INJURY LAWSUIT
PHARMACEUTICAL PRODUCT

$103.8
MILLION

COX-2 INHIBITORS INJURY
PHARMACEUTICAL PRODUCT

$20
MILLION

TOXIC TORT INJURY
CHEMICAL EXPOSURE

$16.05
MILLION

ANTIDEPRESSANT INJURY
PHARMACEUTICAL PRODUCT

$14.8
MILLION

ANTY-PSYCHOTIC DRUG INJURY
PHARMACEUTICAL PRODUCT

$12.4
MILLION

BIRTH CONTROL BLOOD CLOT
PHARMACEUTICAL PRODUCT

$11.9
MILLION

HORMONE REPLACEMENT INJURY
PHARMACEUTICAL PRODUCT

$8
MILLION

HIGH BLOOD PRESSURE MEDICATION INJURY
PHARMACEUTICAL PRODUCT

$4.6
MILLION

BLOATING DRUG INJURY
PHARMACEUTICAL PRODUCT

$4
MILLION

TRAUMATIC BRAIN INJURY AT DAYCARE
PERSONAL INJURY

$3.4
MILLION

HEART SURGERY DRUG INJURY
PHARMACEUTICAL PRODUCT

$2.9
MILLION

SGLT-2 INHIBITOR INJURY
PHARMACEUTICAL PRODUCT

$2.8
MILLION

DEFECTIVE HEART DEVICE INJURY
MEDICAL DEVICE

$2.6
MILLION

POPCORN LUNG INJURY
CHEMICAL EXPOSURE

$1.9
MILLION

TYPE 2 DIABETES DRUG INJURY
PHARMACEUTICAL PRODUCT

$1.65
MILLION

POWER MORCELLATORS INJURY
MEDICAL DEVICE

$1.5
MILLION

CAR ACCIDENT
PERSONAL INJURY

$900
THOUSAND

DEFECTIVE HIP REPLACEMENT
MEDICAL DEVICE

$800
THOUSAND

DAYCARE INJURY
PERSONAL INJURY

$403
THOUSAND

FLUOROQUINOLONES TENDON RUPTURE
PHARMACEUTICAL PRODUCT

$300
THOUSAND

SLIP AND FALL
PERSONAL INJURY

$200
THOUSAND

DEFECTIVE HIP LAWSUIT
MEDICAL DEVICE

$150
THOUSAND

PHARMACEUTICAL MALPRACTICE INJURY
PERSONAL INJURY

$100
THOUSAND

MOTORCYCLE ACCIDENT
PERSONAL INJURY

$100
THOUSAND

ACCIDENT RESULTING IN SHOULDER INJURY
PERSONAL INJURY

$100
THOUSAND

AUTO ACCIDENT
PERSONAL INJURY

$100
THOUSAND

DOG BITE INJURY
PERSONAL INJURY

$60
THOUSAND

SLIP AND FALL ACCIDENT
PERSONAL INJURY

CLIENT REVIEWS

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Tom Lewis

TorHoerman Law was responsible for handling a medical case for our family. I was extremely impressed with their professionalism and ability to react quickly. They also did a nice job keeping us updated with the case throughout the process. This was the first time experiencing a situation like this and Tor Hoerman law did an excellent job from start to finish.

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Jordan Terry

TorHoerman Law is an extraordinary law firm – a firm that truly makes the client’s best interests the primary concern. Their team of personal injury lawyers are experienced, personable, and well versed in a range of litigation areas. They are supported by a dedicated team of staff that are as equally friendly and helpful. I would recommend TorHoerman Law for any personal injury litigation needs.

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Dave Woodley

All of my questions were answered quickly and in a way I could understand. Steve and the entire staff were friendly and professional.

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Jordan Butler

I highly recommend this law firm! The attorneys and staff at THL worked hard, communicated every step of the process, kept me well informed at all times, and exceeded all expectations! The staff is kind, considerate, professional, and very experienced. Look no further, call now!

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Maddy Moeller

Top-notch, hardworking attorneys!

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Angel Truesdale

They contacted me the next day. Very nice people!

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