I Threw the First Punch. Can I Still Sue if I Got Hurt in a Fight?

 Posted on August 08, 2025 in Personal Injury

Bar fights are often fueled by alcohol and adrenaline. But just because you are involved in one does not mean you are responsible for everything that happens during it. Even if you started a fight, you might not be liable for all the resulting damage. If you threw the first punch but were seriously injured by someone else’s response, you might assume you have no legal options. However, Illinois law does not automatically disqualify you from seeking compensation, especially if the other person used excessive force.

As of August 2025, Illinois courts continue to look closely at the degree of force used in self-defense. If the response to your initial punch went beyond what was necessary, speak with an experienced Champaign, IL personal injury lawyer to understand whether you have a valid claim. 

What Counts as Excessive Force in Illinois?

Illinois law recognizes that people have a right to defend themselves, but only with force that is reasonable under the circumstances. If someone uses far more force than necessary to protect themselves, that could be considered "excessive force."

For example, if you punched someone once during a heated exchange in a bar and they responded by throwing you against a wall, kicking you repeatedly while you were down, or hitting you with a bottle, their reaction could cross the line from self-defense into assault.

In Illinois, self-defense is not allowed as a legal excuse if the person used more force than necessary or if the force did not match the level of threat they were facing. A similar idea can also apply in civil cases, especially when deciding who is at fault and how much money should be paid for damages.

How Does Fault Work in Illinois Personal Injury Cases?

Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. This means you can still sue someone and get money even if you were partially at fault, as long as you were less than 50 percent responsible for what happened.

In a bar fight scenario, the court may examine who started the fight, whether the other person could have walked away, whether the other person used a weapon or kept attacking after the threat was over, and whether security or staff tried to intervene. 

If the evidence shows that your actions were reckless but the other person’s response was even more dangerous or violent, you might still recover compensation. Just keep in mind that your award would be reduced by your share of fault.

Can You Sue If You Were Also Charged with Assault?

Facing criminal charges does not necessarily block your right to file a personal injury claim. Civil and criminal courts operate independently and the standards of proof are different. Whether your charges are dropped, dismissed, or reduced, or you plead guilty to a misdemeanor, you may still pursue damages in civil court.

A jury might find that your injuries were caused by someone else’s excessive or malicious conduct. A civil court would then evaluate whether the other person acted with an unreasonable level of force under the circumstances.

If your case meets the legal standard, you may be able to recover compensation for:

• Emergency room visits, surgeries, or follow-up care

• Lost wages if your injuries kept you from working

• Long-term pain or disability

• Scarring or disfigurement

• Emotional distress caused by the incident

You must also act quickly, though. In Illinois, the statute of limitations for most personal injury claims is two years from the date of injury. If you were hurt in a bar fight, you should speak to an attorney right away, even if you think you were partly at fault.

Contact a Champaign, IL Personal Injury Lawyer

If you were seriously injured after throwing the first punch, you might still have legal options. Contact a Peoria, IL personal injury attorney at Kanoski Bresney for a free consultation. Our legal team can help evaluate whether the other party used excessive force and pursue compensation on your behalf. Call us today at 888-826-8682.