Guide on How to Sue for Domestic Assault and Battery in Illinois

Did you know that domestic assault and battery are serious criminal offenses, leading to civil lawsuits if the victim seeks compensation for their injuries? If you or someone you know has experienced domestic assault or battery, you may be wondering how to sue the responsible party for damages. In this guide, we’ll walk you through the process, your legal options, and the importance of hiring a skilled domestic assault or battery lawyer to help you navigate the complexities of the case.

Understanding Domestic Assault and Battery

Domestic assault and battery generally refer to violent acts committed by one person against a partner, spouse, or other family member. Here’s a quick breakdown:

• Assault

  In legal terms, assault involves intentionally causing fear of imminent harm to another person. It doesn’t require physical contact but can involve threats, gestures, or actions that make the victim feel threatened.

• Battery

  Battery refers to the intentional and unlawful physical contact or force against another person. This could include hitting, slapping, pushing, or any other form of unwanted physical contact.

When these offenses happen within a domestic setting—such as between spouses, partners, or family members—it’s classified as domestic assault and battery, which can have serious legal consequences for the perpetrator.

Steps to Take if You Want to Sue for Domestic Assault and Battery

If you’re a victim of such scenario, you may want to pursue both criminal and civil actions. While criminal charges are pursued by the state, civil lawsuits allow you to seek financial compensation for your injuries and other damages.
Here’s a step-by-step guide on how to file a civil lawsuit for domestic assault and battery:

1. Seek Immediate Medical Attention and Document Injuries

If you’ve been physically harmed, your first priority should be to seek medical attention. Document all injuries, even if they seem minor at the time. Photos, medical records, and notes from your healthcare provider will serve as crucial evidence if you decide to file a lawsuit.

2. Report the Incident to the Authorities

In domestic assault and battery cases, it’s important to report the crime to law enforcement. Filing a police report not only helps protect your safety but also creates a record of the incident that could be used in your lawsuit. While the criminal case is separate from your civil suit, a police report can be an essential part of your legal strategy.

3. Consult a Domestic Assault Lawyer or Battery Lawyer

At this point, it’s critical to consult with an experienced domestic assault lawyer or battery lawyer at Marder & Seidler. With 44+ years of expertise, we specialize in cases where either party has suffered harm, due to assault or battery and can help you determine the best course of action.
Our lawyers provide legal advice, help you understand your rights, and guide you through the complex process of filing a civil lawsuit. This includes guidance on how to gather evidence, such as witness testimonies, medical records, as well as the photographs to strengthen your case. Call on 847-985-6767 for 24/7 for emergency assistance.

4. Prepare for the Legal Process

Once your lawsuit is filed, both parties will exchange evidence through a process known as discovery. This phase involves gathering documents, taking depositions and sharing information relevant to the case. If your case goes to trial, your lawyer will attempt to counter your claims. So, having a strong legal strategy is important.

5. Go to Trial or Settle

Most personal injury cases, including those related to assault and battery, settle before reaching trial. However, suppose a fair settlement cannot be reached. In that case, your case will proceed to trial, where a judge or jury will determine whether the defendant is liable and the amount of compensation you should receive.

Why You Should Hire an Experienced Domestic Battery and Assault Lawyer

Navigating a domestic assault and battery lawsuit can be emotionally and legally challenging. Domestic violence cases are complex, often involving sensitive issues such as emotional trauma, financial strain, and a history of violence. Without the right legal representation, you may struggle to secure the compensation you deserve.
Domestic assault lawyers at Marder & Seidler have the expertise to handle these sensitive matters and can:

• Guide you through the legal process
• Offer advice tailored to your specific case
• Help collect as well as preserve key evidence
• Represent you in court if necessary
• Extend emotional support and reassure, leading you towards healing and justice.

Conclusion

If you’ve been a victim of domestic assault or battery, pursuing a lawsuit can help you hold the perpetrator accountable and secure compensation for the harm you’ve suffered. The process involves legal complexities, and having a dedicated domestic battery lawyer by your side is essential for the success of your case. You can expect the right support to take control of your future. Send us a message here and we will be there at your disposal.