How to Seek Compensation for Battery
Posted on Friday, January 20th, 2023 at 3:53 pm
If you sustained injuries as the victim of battery, you might be able to seek compensation for your injuries. A personal injury lawyer with experience representing the victims of battery can answer your questions and help you consider your options.
To learn more about seeking compensation for injuries caused by another person’s intentional wrongful actions, call Wallace Miller at (312) 261-6193 for a free consultation. We provide case evaluations to determine whether you should file a civil lawsuit to recover compensation.
What is Battery
Many people confuse assault with battery and consider them similar, if not identical, wrongful acts. Yet they differ considerably. The intentional tort of battery is the willful touching of another person. While assault is fear or apprehension of some offensive contact, battery is the actual offensive contact.
In Illinois, you commit battery if you intentionally cause bodily harm to a person. You also commit battery if you make physical contact of a physical or provoking nature with another person. The person doesn’t have to be harmed by the contact in order for it to qualify as battery.
Battery is an intentional tort, which means you can file a civil lawsuit for battery to seek compensation for your injuries. It is also a crime to commit battery. A person who commits battery may face criminal charges as well as any civil lawsuit filed against them.
Illinois criminal law defines several different types of battery, including aggravated battery. Certain conditions can elevate a charge of battery to aggravated battery:
- If the battery causes great bodily harm or permanent disability or disfigurement, it is an aggravated battery.
- If a person over age 18 commits a battery against someone under age 13 or with a severe or profound intellectual disability, it is an aggravated battery.
- If the battery occurs at a specific location, like a school or public place, it is aggravated battery.
- If a certain status applies to a battery victim, the battery is aggravated battery. Some of these statuses include disability, pregnancy, and age (60 or older).
- If an assailant discharges a firearm during the battery, it is aggravated battery.
- If an assailant uses a deadly weapon other than a firearm during the battery, it is aggravated battery.
- If an assailant drugs another person against their will, it is aggravated battery.
If you suffered battery in Illinois, your attacker could already face criminal charges. You may also be able to file a lawsuit against them to seek compensation for your injuries.
Damages Available for Battery Victims
If you have suffered physical injuries or emotional harm because of a battery or other wrongful act, Illinois personal injury law entitles you to compensation for your losses. You have the right to file a civil lawsuit for compensation.
Compensatory damages include economic damages, which are losses capable of objective measurement and verifiable. Compensatory damages can also include non-economic damages. These are subjective losses that are more difficult to measure and verify.
In some circumstances, you may recover punitive damages. The purpose of these damages is to punish the defendant rather than compensate you for your losses. You must show that the defendant acted with a malicious motive and an extreme indifference to your safety in a case based on battery.
You can seek compensation in a lawsuit to recover compensation for:
- Doctor and emergency room visits, therapy, rehabilitation, medication, and other medical expenses
- Emotional, mental, and psychological distress
- Loss of companionship, enjoyment of life
- Lost wages and future lost earning capacity
- Out-of-pocket expenses
- Pain and suffering
- Personal property damage
- Scarring or disfigurement
How to Prove Battery in a Case
Proving that a defendant is liable for battery requires proving that the defendant’s intentional act caused your injuries. You must show that the defendant’s intentional wrongful act directly caused you physical and even psychological injuries. As proof of your injuries, you must present evidence of your medical treatment, time lost from work, and any treatment for emotional trauma. You would also have to present evidence that overrides the defense of consent. It is not necessary to prove that the defendant intended to cause harm, only that the defendant intended to commit the wrongful act. This is known as general intent.
Hiring a Lawyer for Your Battery Case
Wallace Miller is committed to helping our clients achieve the best possible result in any legal matter. We want to help you pursue the maximum compensation in your legal matter. If you were the victim of a battery or other intentional tort that caused you harm or injury, call Wallace Miller at (312) 261-6193 for a free consultation.