Joliet Assault and Battery Injury Lawyer

An assault or battery can leave victims with severe physical injuries, emotional trauma, and unexpected financial burdens. While the person responsible may face criminal charges, a criminal case does not compensate you for your medical bills, lost income, or other losses. 

Under Illinois law, you may also have the right to file a civil personal injury claim against the individual responsible and, in some cases, other negligent parties whose actions contributed to the attack.

At Conboy Law, we help victims of assault and battery pursue the compensation they deserve while holding all responsible parties accountable. Whether your injuries resulted from a bar fight, negligent security, workplace violence, or another intentional act, our legal team is ready to protect your rights. Call (312) 726-9000 today for a free consultation.

Why Choose Conboy Law After an Assault or Battery?

Recovering from a violent attack can be overwhelming. You may be dealing with serious injuries, emotional distress, missed work, and uncertainty about your legal options. Our attorneys understand the unique challenges these cases present and work diligently to build strong claims while you focus on healing.

When you choose Conboy Law, you can expect:

• Thorough investigations into the circumstances surrounding the attack.
• Identification of every potentially liable party.
• Skilled negotiation with insurance companies and opposing counsel.
• Trial-ready representation when a fair settlement cannot be reached.
• Personalized legal guidance throughout every stage of your case.
• No attorney's fees unless we recover compensation for you.*

Note: *Contingency fee arrangements are subject to the firm's representation agreement.

Can You File a Personal Injury Claim After an Assault or Battery?

Yes. Many victims are surprised to learn that they may pursue a civil personal injury claim even when criminal charges are filed against the person who assaulted them.

A civil lawsuit serves a different purpose than a criminal prosecution. While the criminal justice system seeks to punish offenders, a personal injury claim focuses on compensating victims for the losses they have suffered because of the attack.

Importantly:

• A criminal conviction is not required before filing a civil lawsuit.
• Criminal and civil cases may proceed at the same time.
• Even if prosecutors decline to file criminal charges, you may still have a valid civil claim.
• The burden of proof is generally lower in a civil case than in a criminal prosecution.

Depending on the circumstances, your claim may be based on an intentional tort such as assault or battery, as well as negligence claims against businesses, property owners, or other parties whose failures contributed to the incident.

What's the Difference Between Assault and Battery Under Illinois Law?

Although people often use the terms interchangeably, assault and battery have different legal meanings under Illinois law.

Assault

Under 720 ILCS 5/12-1, assault generally occurs when someone intentionally places another person in reasonable apprehension of receiving a battery. Physical contact is not required for an assault to occur.

Examples include:

• Threatening someone while raising a fist.
• Lunging toward another person in a way that causes fear of immediate harm.
• Brandishing a weapon in a threatening manner.

Battery

Under 720 ILCS 5/12-3, battery generally involves knowingly causing bodily harm to another person or making insulting or provoking physical contact.

Examples include:

• Punching or kicking someone.
• Shoving another person to the ground.
• Striking someone with an object.
• Spitting on another individual.

Many civil injury claims arise after conduct that constitutes battery because the victim suffers actual physical injuries requiring medical treatment.

Why the Difference Matters

Whether the incident is legally classified as assault, battery, or both may affect the evidence presented during both criminal and civil proceedings. However, from a personal injury perspective, the primary issue is whether another person's intentional conduct caused your injuries and resulting damages.

An experienced attorney can evaluate the facts of your case and determine the most appropriate legal claims to pursue.

Common Situations That Lead to Assault and Battery Injuries

Violent attacks can happen in many different settings. While every case is unique, assault and battery injuries commonly occur in:

• Bars and nightclubs
• Restaurants
• Apartment complexes
• Parking lots and parking garages
• Hotels
• Shopping centers
• Sporting events
• Concerts and festivals
• Workplace disputes
• Road rage incidents
• Schools and college campuses
• Private residences

Some of these incidents occur because businesses or property owners fail to provide reasonable security measures despite foreseeable risks of violent crime.

Assault and Battery Injuries by the Numbers

Assault-related injuries remain a significant public safety concern throughout the United States. According to the FBI's 2024 Crime in the Nation report, aggravated assault remained one of the most frequently reported violent crimes, although reported aggravated assaults decreased by approximately 3% compared to 2023.

Victims often suffer injuries requiring emergency medical care, hospitalization, surgery, or long-term rehabilitation, including:

• Broken bones
• Traumatic brain injuries
• Facial fractures
• Knife wounds
• Gunshot wounds
• Psychological trauma, including post-traumatic stress disorder (PTSD)

Although criminal charges may hold an offender accountable, they generally do not compensate victims for their financial losses. A civil personal injury claim may allow injured victims to recover compensation for the physical, emotional, and financial harm caused by the attack.

Who May Be Liable for Your Injuries?

The person who committed the assault or battery is often the primary defendant in a civil lawsuit. However, depending on how the attack occurred, other individuals or businesses may also share legal responsibility.

Potentially liable parties include:

• The individual who committed the assault or battery.
• A business owner that failed to address foreseeable security risks.
• A property owner or landlord.
• A property management company.
• A bar, nightclub, or restaurant.
• A private security company.
• An employer, in certain workplace violence cases.

Determining liability requires a careful investigation of the incident, including whether another party failed to take reasonable steps to prevent foreseeable acts of violence.

Common Injuries Caused by Assault and Battery

Violent attacks frequently result in serious injuries that require extensive medical treatment and rehabilitation.

Common injuries include:

• Traumatic brain injuries (TBIs)
• Concussions
• Facial fractures
• Broken bones
• Dental injuries
• Eye injuries
• Neck and back injuries
• Spinal cord injuries
• Knife wounds
• Gunshot wounds
• Internal injuries
• Permanent scarring and disfigurement
• Post-traumatic stress disorder (PTSD)
• Anxiety, depression, and other emotional trauma

The physical and emotional effects of an assault may last long after visible injuries have healed, making it important to seek both medical care and legal guidance as soon as possible.

What Compensation Can You Recover After an Assault or Battery?

If someone else's intentional actions caused your injuries, you may be entitled to recover compensation through a civil personal injury claim. The damages available depend on the nature and extent of your injuries and how they have affected your life.

Economic Damages

Economic damages compensate you for measurable financial losses, including:

• Medical expenses
• Future medical treatment
• Physical therapy and rehabilitation
• Prescription medications
• Lost wages
• Loss of future earning capacity
• Other out-of-pocket expenses related to your injuries

Non-Economic Damages

You may also recover compensation for losses that are more difficult to measure financially, such as:

• Physical pain and suffering
• Emotional distress
• Mental anguish
• Post-traumatic stress disorder (PTSD)
• Anxiety and depression
• Permanent disability or disfigurement
• Loss of enjoyment of life

Punitive Damages

In some intentional tort cases, Illinois law allows courts to award punitive damages when a defendant's conduct is particularly willful, wanton, or malicious. Unlike compensatory damages, punitive damages are intended to punish especially egregious misconduct and discourage similar conduct in the future. Whether punitive damages are available depends on the specific facts of the case.

What Should You Do After an Assault or Battery?

The actions you take after a violent attack can affect both your physical recovery and your ability to pursue compensation.

If you have been assaulted or battered:

1. Call 911 and report the incident to law enforcement.
2. Seek immediate medical treatment, even if your injuries seem minor.
3. Photograph your injuries and the location where the incident occurred, if it is safe to do so.
4. Preserve damaged clothing, personal belongings, and any other evidence.
5. Obtain the names and contact information of any witnesses.
6. Keep copies of medical records, police reports, and related expenses.
7. Avoid discussing the incident on social media.
8. Contact an experienced Joliet assault and battery injury lawyer as soon as possible.

Prompt action can help preserve valuable evidence and strengthen your claim.

Illinois Laws That May Affect Assault and Battery Injury Claims

Several Illinois laws may affect your ability to recover compensation after an assault or battery.

Statute of Limitations

Under 735 ILCS 5/13-202, you generally have two years from the date of the injury to file a personal injury lawsuit in Illinois.

Waiting too long to file may prevent you from recovering compensation, making it important to speak with an attorney as soon as possible.

Civil Claims Are Separate From Criminal Cases

A criminal prosecution and a civil lawsuit are independent legal proceedings.

Even if:

• Criminal charges are never filed,
• The charges are dismissed, or
• The defendant is acquitted,

you may still pursue a civil claim for compensation. This is because civil cases generally require proof by a preponderance of the evidence, while criminal convictions require proof beyond a reasonable doubt.

Illinois Dram Shop Act

If your injuries resulted from an assault involving an intoxicated individual, the Illinois Dram Shop Act (235 ILCS 5/6-21) may allow recovery against a business that illegally sold or served alcohol under certain circumstances.

These claims involve specific legal requirements and differ from traditional premises liability or negligence claims.

Contact Our Joliet Assault and Battery Injury Lawyer for a Free Consultation

An assault or battery can leave lasting physical, emotional, and financial consequences. You should not have to shoulder those burdens alone when another person's intentional actions caused your injuries.

At Conboy Law, we are committed to helping victims pursue justice and recover the compensation they deserve. Our legal team will investigate your case, identify every potentially liable party, and advocate for your best interests every step of the way.

Call Conboy Law today at (312) 726-9000 for a free consultation with an experienced Joliet assault and battery injury lawyer.