Can I Sue for Bar Fight Injuries in Illinois?
On a Friday night in a crowded pub, all it takes is a few drinks and a short temper for someone to instigate a bar fight. These fights are often over and done in less than a minute, but the consequences can last far beyond one night. An injury suffered in a bar fight can burden you with hospital bills, put you out of work, or even leave you permanently disabled. You might wonder if you can file a lawsuit after a bar fight in Illinois, especially if you are unsure about who was at fault. In most cases, the answer is a resounding yes.
A personal injury lawyer can help you get compensated in the aftermath of a bar brawl, pursuing a settlement for your lost wages, pain and suffering, and more. With the help of an attorney, you can address the harm you have suffered due to assault and battery.
Common Bar Fight Injuries
People tend to not know their own strength, especially those who are disgruntled and intoxicated. Any number of injuries can result from a bar fight, including:
- Bone fractures: Broken noses are a common outcome in fistfights, as well other facial injuries or fractures to bones in the arms, legs, or ribs.
- Concussions: If you are struck directly in the head or knocked to the ground at a bad angle, your brain might jostle in your skull, leading to persisting symptoms of dizziness and nausea.
- Cuts and bruises: Colliding with tables, chairs, broken glass, or other hazards in a bar fight could result in numerous minor wounds, leaving you in constant dull pain.
If you had anything to drink before a bar fight, you might be numb from the alcohol in your system. When it is safe to do so after an altercation, you should seek medical attention and get a full screening for any injuries that may not be obvious.
Catastrophic Injury
The potential for catastrophic injury is an inherent danger to bar fights when one or both parties involved show a reckless disregard for safety. Depending on how the fight ends, you could sustain a lifelong injury that affects your independence, mental capacity, or your ability to earn a living.
Traumatic brain injuries (TBIs) are tragically common in bar fights. A serious blow to the head can result in internal hemorrhaging, preventing oxygen from reaching the brain. In other cases, a collision against the bar’s floor or the pavement in a parking lot could result in a hard enough impact to cause brain damage. TBIs can present with vastly different symptoms from person to person, and they may include permanent changes in mood, difficulties with information recall, and struggles with communication.
If you or a loved one has suffered a catastrophic injury in a bar fight, it is crucial that you seek out a personal injury lawyer to pursue compensation. A full settlement should help you stabilize, not just survive.
Comparative Negligence
You might have concerns about seeking compensation for bar fight injuries if you were not blameless for the incident. However, this should not deter you from pursuing a settlement. Illinois weighs personal injury claims based on comparative negligence, a percent-based method of determining fault. Essentially, it means that you are permitted to file a lawsuit as long as you were less than 50% at fault for the accident.
If another party instigated the fight or threw the first punch, you may be more likely to be able to walk away with a settlement. Determining fault in a bar fight can be difficult, but a skilled personal injury lawyer will gather evidence to back up your claim to an insurance company.
The Dram Shop Act
After a bar fight, you may be able to collect compensation from the bar itself in addition to the aggressor. Under the state’s dram shop laws, a bar owner can be held liable for your damages if a patron was clearly over-served alcohol and later caused an injury. This law is usually invoked in drunk driving accidents, but it is just as applicable in bar fights if you were injured by a belligerent, drunk patron.
To make a case for a dram shop lawsuit, the plaintiff must demonstrate that the bar continued to serve a visibly intoxicated patron and that the patron’s drunkenness resulted in injury. A personal injury attorney can help obtain security footage, receipts, or other information to help hold the bar liable for your damages.
Making a Personal Injury Claim
The process of filing a personal injury lawsuit is best undertaken with an attorney at your side. Because bar fights are so chaotic, an insurance company may attempt to avoid paying you by exaggerating how much you were at fault. If an insurance company reaches out to you, you should avoid answering any questions, especially questions about what you would have done differently to avoid the accident. Any information you give to an insurance company could inadvertently sink your case, as insurance companies are financially motivated to avoid paying out your full damages.
A personal injury lawyer can make all the difference when it comes to building your case. With legal representation at your side, you can file a claim quickly, and you will have an informed advocate who will speak up for your rights during negotiations. A skilled attorney is well aware of the tactics insurance companies use to escape responsibility, and they will fight until you get the settlement that you are owed.
Speak With an Arlington Heights, IL Personal Injury Attorney
A spontaneous bar fight can have lasting repercussions for your physical health. If you have been injured by a disorderly patron at a pub, you should know that you have a right to file a lawsuit and get compensated, even if you share some of the blame. A Arlington Heights personal injury lawyer can represent your best interests in a bar fight injury claim and make sure you take the correct steps to secure full compensation.
