In order to bring charges for assault, no physical contact needs to have taken place. Assault occurs when one person places another in reasonable apprehension of receiving a battery, or rather, reasonable apprehension of receiving bodily harm, insulting contact, and/or offensive physical contact; whereas battery is the actual offensive touching.
While both assault and battery are crimes, those injured by these intentional acts have a right to file a civil suit for personal injury.
Sexual assault occurs when any type of sexual conduct or behavior takes place without the explicit consent of the recipient. This not only covers actual unwanted, forced physical contact, but also attempted rape. Similarly to victims of assault, victims of sexual assault are able to file tort (wrongful act) actions against their assaulters. In addition, victims of assault may also be entitled to financial assistance from the State of Illinois Crime Victim Compensation fund.
In some civil cases, third parties (those who did not directly commit the crime but may otherwise be responsible) may be held liable. This can include universities, businesses, or malls who do not provide adequate security, landlords who do not maintain proper lighting or adequate locks in tenant buildings, businesses that do not properly do background checks, etc., if it results in someone getting physically assaulted, in part, because of their negligence or acts.
If police know of an order of protection and act, or fail to act, willfully (knowingly) or wantonly (recklessly), officer(s) and employing municipalities may be held liable. True if attempting to enforce provisions of the Act or rendering emergency assistance (750 ILCS 60/305; 60/101 et seq.).
While most personal injury claims must be brought against a private party within two years from the incident in Illinois (and one year if it is a claim against a government entity), with acts of sexual abuse, the clock does not start running while they are being threatened or manipulated. In addition, if a victim is under the age of 18, the limitation period does not begin until they turn 18 years old.
If your loved one has suffered from assault or sexual assault, it can be difficult to think of filing a lawsuit and specifically determining what kind of compensation you might need for your injuries; however, speaking to someone about your rights sooner rather than later is be a good idea in these circumstances so that you ensure that your rights are protected. Contact our firm at (847) 394-4900 or online for a free consultation with one of our attorneys. You can also learn more about our firm here. We are here to listen and help.
Several years ago, I was involved in a very serious crash. While driving to work on the highway, a semi truck hit me. As a result, I hired Marty Glink to represent me. My case lasted over 6 years and Marty helped me through the entire event. When you think of a stereotypical personal injury lawyer, i.e. ambulance chaser, Marty couldn’t be further away from that description. He is one of the kindest, compassionate and empathetic people I have had the fortune to know. I sincerely feel no other lawyer would have defended me, as well as Marty did. He went above and beyond, not to mention, he always treated me with respect. I wasn’t just another ‘client’ to him, but rather a human being. My case was extremely complicated; however, Marty took care of everything that was necessary, in order to get to my settlement. He always took my calls, listened intently and never made me feel uncomfortable. Rather, he always put me at ease. He played an enormous part in my life for 6+ years and I do consider him a friend. If anyone I know ever needed a personal injury attorney, there would be absolutely no hesitation in recommending Marty. It is because of Marty, I have been able to get to where I am in life. Even though the crash has left me permanently disabled, I am sincerely happy.
Marty is a very knowledgeable and compassionate lawyer. He always made me feel at ease and guided me through the process. I don’t know how I would have gotten through all of it without him and the best part is we won my case!
I can’t thank you enough for the outstanding job you did on my case. You left no stone unturned and were totally thorough. Both my husband and I were so impressed with your detailed and comprehensive presentation in court as well as your very convincing arguments. We have told our family, friends and acquaintances of your handling of our case. We totally praised you and recommended that everybody should use your services when in need of a fine attorney. I hope you and your wife will be our guest for dinner on any evening convenient for you. We want to thank you and show you how much we appreciated what you did for us. Please keep in touch and let us know when you are available.
In 2009 my family and I decided to hire Marty as our attorney. We have known Marty quite some time before that and we’re very Comfortable with our decision. Our case was a prolonged one due to ongoing medical treatment. Marty showed great empathy during this frustrating time for both myself and my family. First and most importantly he would follow up with calls just to see how I was doing and would always keep me posted on any news that has happened. Marty is very detailed and is very organized. He kept his notes very organized. He seemed to always remember all the little details that he noted during the 5 years of my case. Marty was outstanding presenting himself to the judge during the pre-trials. Everything Marty predicted was spot on. His skills made the settlement a quick one once it got to pretrial. I can confidently recommend Marty and will ask for his representation if needed again.