Legal Question in Personal Injury in Illinois
I was recently at my brothers house when a drunk man came on to our property. The drunk man was yelling at us and got into my face and then pushed me. So I hit him. well the man fell to the ground. When her got up, he proceeded to come after me again. I hit him again he fell to the ground again. at that time the police came and the man told the cop who happened to be his brother in law we were being to loud and it was bothering him. so the officer told him to go home. no tickets were issued or reports filled out. the man DROVE away drunk. i have now learned the man went to the emergency department for treatment. he recieved 10 stitches and had a broken jaw. My question is am I open for sute? If so does the man have a case?
2 Answers from Attorneys
Based on the information provided, he does have a claim against you and you have a defense against that claim.
I agree with Mr. Padove. Additionally, I recommend that you notify both your brother's homeowner carrier as well as your own. It sounds like there were witnesses, and the Claims dept. will want to take statements of those involved and any witnesses. Delay in reporting the claim may constitute late notice if you don't report the claim promptly and potentially jeopardize your coverage. Even though most policies prohibit coverage for 'intentional acts', if you were acting in self defense, there may be coverage available. Read your policy. Good luck.