What is the difference between personal injury and tort of battery?

[dana]

In Illinois, if somebody assaulted you, do you file a civil personal injury claim or civil battery claim? And if it is civil battery, under which law you file it? any details will be helpful.

[larry]

Now, I'm a New York attorney so this is not for sure and I don't Illinois law, but in NY your question would not make sense. Personal injury is a category of law that people practice. For example, a personal injury attorney may represent victims of car accidents, work accidents, anything involving bodily injury. Now, in order to sue for that injury, they must find a claim. Your example was battery. Battery is an act that causes personal injury, therefore, the claim would be for battery.

Furthermore, you need to find out if battery is still on the books in illinois. If it is, you proceed with your lawsuit by determining what the damages are. You cannot have any thing if you ahve no damages. They may be emotional damages, physical or financial damages. Then add that up. If it is over the amount allowed for you to use small claims, then you will need a lawyer to sue. If it is under te small claims amount you can represent yourself. You must bring proof that proves your case beyond a preponderance of the evidence in order to win.

[shen86]

Personal Injury is a tort.
Tort law is a body of law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations.[1] A person who suffers legal damages may be able to use tort law to receive compensation from someone who is legally responsible, or liable.