Legal Question in Personal Injury in Illinois
Fractured Another Person's Face in Fight
My boyfriend punched and fractured someone's face last week and now the other person is threatening to press charges and to sue him. I understand that there may be legal consequences as far as fines and possibly jailtime but how far can they take it? Also, if the guy wants to bring to the civil level, what would would they sue him for if he has no assets? Also, on the defensive side what should we being doing in anticipation of this guy pressing charges/suing him. And, can he sue him without pressing charges?
1 Answer from Attorneys
Re: Fractured Another Person's Face in Fight
It is important that your boyfriend pleads "not guilty" to any criminal charges filed against him. Therefore, a guilty plea cannot be used against him to form the basis of liability in a civil battery case. If your boyfriend has a job, the Plaintiff can garnish his wages and attach any bank accounts, assuming his lawsuit is successful. In addition, the Plaintiff can file a civil lawsuit for an intentional tort, regardless any criminal action. Finally, the Plaintiff may also sue for punitive damages, given the fact that your boyfriend comitted an intentional tort. You should hire an attorney that has experience in both criminal and civil matter to make sure your boyfriend is protected. I can recommend many for you.
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