Legal Question in Personal Injury in Illinois

I am wondering what my chances of winning a lawsuit against a family member for an injury due to an assault. The sum of it is this. After a concert he attempted to assault his wife. I stepped in to protect her. For several minutes he tried to get at her by physically pushing me around in the process. When I was no longer interested in being pushed around and after several minutes of ignoring my request and my wife's request to stop his aggression I put him on the ground to send him a message. I told him to stay on the ground. He got back up and continued his rampage. When he thought I wasn't looking he tried to kick me. I blocked that kick but my finger ended up taking the brunt of that kick and getting injured. I want him to pay for all and any medical expenses but he refuses. He claims that by putting him to the ground, which I claim I did for self defense for myself and his wife, he says he was at that point defending himself by kicking me. So now I want to take him to court. What other monetary rewards might I be eligible for? I want to try and use this for leverage to get him to pay for medical outside of court.

Asked on 11/30/12, 9:31 am

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

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Based on the facts presented, a 50/50 chance. You can seek pain and suffering, lost wages, disfigurement and disability if warranted.

Answered on 11/30/12, 9:37 am

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