If you have been assaulted in a parking lot or garage, the person responsible can be punished in criminal court, but they often won’t have the financial resources required to compensate their victims. As a result, victims often face an important question: Who can (and should) you sue for your assault?
Many assaults happen in parking lots and parking garages. Oftentimes, these locations are poorly lit and have little, if any, security. These factors make parking lots and parking garages prime locations for committing assaults—and, if you have been assaulted in a parking lot or parking garage in Illinois, we can tell you that you are not alone.
Since perpetrators typically don’t have the financial resources necessary to compensate their victims, those who have been assaulted in a parking lot often must look elsewhere for financial compensation. In many cases, this involves filing a premises liability lawsuit against the owner or tenant of the property where the assault occurred.
Premises liability laws allow people who were assaulted in a parking lot or garage to pursue claims against commercial property owners and tenants when these businesses could (and should) have done more to prevent their assaults. Under Illinois law, businesses have a legal duty to take reasonable steps to ensure their customers’ safety. While this includes taking steps such as repairing cracks and cleaning up spills, it also includes taking steps such as installing adequate lighting and providing adequate security.
With this in mind, if you were assaulted in a parking lot or parking garage, the business that is responsible for making the lot or garage could be legally responsible for the financial and non-financial consequences of your ordeal. This means that you may be able to sue the business to recover compensation for your:
To file a premises liability claim, you will need proof that the business failed to do what was necessary to protect you. This means that you will need to hire a lawyer to investigate and document the scene of your assault. After filing a lawsuit on your behalf, your lawyer will also be able to obtain the business’s internal records, any available security camera footage of the assault, and any other evidence that may be available to prove that the business deserves to be held accountable for your losses.
From bars and restaurants to paid parking lots and parking garages, most businesses have liability insurance that covers assaults on their property. As a result, if you file a premises liability claim after being assaulted in a parking lot, seeking compensation will most likely involve dealing with the business’s insurance company.
Even in scenarios involving violent assaults, the insurance companies will put their interests first. As a result, you will need to be prepared to deal with the insurance company’s defense tactics—which may include trying to blame you for putting yourself at risk or instigating the assault. When you hire an experienced premises liability lawyer to represent you, your lawyer will be able to deal with these tactics on your behalf, and your lawyer will be able to use his or her experience to fight for the financial compensation you deserve.
When you have a premises liability claim for an assault in a parking lot or parking garage, another key step in the process involves determining how much you are entitled to recover. In this scenario, it is up to you to prove the financial and non-financial consequences of your ordeal—you do not want to let the business’s insurance company decide how much you deserve to recover.
Your lawyer will be able to help here as well. From calculating your long-term financial needs for medical care and mental healthcare to determining what constitutes “just” compensation for your pain and emotional trauma, your lawyer will calculate the value of your premises liability claim with your best interests in mind. This way, you can feel confident in your decision-making; and, if the business’s insurance company offers a settlement, you can make an informed decision about whether to accept or keep fighting for more.
If you were assaulted in a parking lot or parking garage, you don’t have to go through the aftermath alone. The physical pain, emotional trauma, and financial costs can feel overwhelming, but you may have legal options to hold the responsible business accountable. An experienced Chicago premises liability lawyer can explain your rights, guide you through the process of filing a claim, and fight to recover the compensation you need to cover your medical care, lost income, and other damages.
Contact Coplan + Crane today online or at (312) 982-0588 for a FREE case evaluation. We help clients across Illinois, including Chicago, Oak Park, Rockford, and other areas.
