Legal Question in Personal Injury in Illinois

I was struck by a vehicle in a private parking lot and was seriously injured . The driver of the vehicle was negligent but did not receive a traffic citation because of the incident taking place on private property. Can I press charges against the driver for vehiclular assault?


Asked on 8/08/12, 12:09 pm

3 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

The decision to prosecute is in the hands of the authorities. You can certainly file a civil suit. However, before doing anything, you may want to discuss the matter with an attorney as a criminal matter that shows an intent to harm you may have an effect on your ability to receive compensation for your injuries. Intentional acts are usually excluded from an insurance policy.

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Answered on 8/08/12, 12:19 pm
John Wunsch Law Offices John C. Wunsch, P.C.

Dear Sirs,

A criminal case is brought by the State and it will be their decision as to whether sufficient evidence exists to file a criminal charge. However, you should speak to an experienced personal injury attorney before filing any such criminal case inasmuch as most insurance policies will exclude coverage for criminal acts.

Please feel free to call our law firm should you wish to discuss your case in greater detail. There is of course no charge for merely contacting our office via telephone.

Many thanks,

John

Law Offices

JOHN C. WUNSCH, P.C.

(312) 977--9900

[email protected]

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Answered on 8/08/12, 12:33 pm
Michael Harvath Harvath Law Offices-INJURY case representation

I am sorry to hear about this unfortunate incident and I am certain you are dealing with a lot of anger towards the party that was responsible for this act. I am an Illinois personal injury attorney, and our firm handles a lot of cases involving both vehicle-vehicle collisions and vehicle-pedestrian collisions as well. We are currently pursuing a claim for a woman that was struck by an intoxicated motorist in a parking lot.

The thing to remember is that there are potentially criminal remedies and also civil remedies as well. However, whether you are better off filing criminal charges, or filing a civil lawsuit to collect compensation for your medical costs and pain and suffering depends on the specific circumstances of how this collision occurred. In other words, put simply, was it done intentionally, or was it an accident? If it was an accident, are there factors that would make the other driver to be considered careless or reckless?

Also, the date that this incident occurred is very important to know. There are deadlines for pursuing criminal charges and also for civil suits. You may be entitled to a large amount of compensation, depending on the facts of the accident. In any event, I would not delay another day in speaking with an Illinois personal injury attorney.

For convenience, I can be reached via e-mail at [email protected], or by phone at (314) 471-5585. We accept evening calls as well. Thanks.

NOTE: This answer is for educational purposes only and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the responding attorney.

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Answered on 8/08/12, 1:17 pm


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