Most people are aware that they may face criminal charges for assault and battery incidents. What fewer people understand is that if you are a victim of an assault and battery, you can bring a negligence claim against the person who harmed you to seek compensation for your injuries. As seasoned Chicago personal injury lawyers, the dedicated attorneys at Therman Law Offices have assisted victims in asserting their right to compensation after an unjustified attack. One of the biggest issues that this type of case presents is whether evidence from the criminal action can be used in the civil action.
In a recent appellate opinion, an Illinois court discussed this issue. The defendant was found guilty in a criminal trial for aggravated battery for beating the victim with a briefcase on the side of the highway. Evidence at trial showed that the victim was driving his taxicab in downtown Chicago when he stopped in the middle of a crosswalk. The defendant then approached the taxicab and smashed the front windshield with his briefcase. The victim confronted the defendant, at which point the defendant struck the plaintiff with the briefcase. The victim required hospitalization and stitches.
The victim also filed a personal injury lawsuit against the defendant. After a civil jury trial, the defendant was found liable for acting negligently and willfully when he beat the plaintiff with his briefcase. The trial judge entered an order stating that as a result of the defendant’s criminal conviction, there was no issue regarding whether the defendant was liable or whether his conduct was wanton and willful. The court also rejected the defendant’s request to offer evidence regarding his affirmative defenses. As a result, the jury was only asked to determine whether the defendant caused the plaintiff’s injuries and the value of the plaintiff’s damages. The jury concluded that the defendant was liable for the plaintiff’s medical bills, disfigurement, and pain and suffering. The jury did not hear any evidence regarding the defendant’s criminal conviction.