Friday night, during the Heat’s game against Toronto, Wade wrote “Praying for Darin” on his sneaker as a sign of solidarity. If the shooters are apprehended, Johnson may wish to bring a personal injury suit against his assailants for battery.
Wade, who grew up in Chicago, has long been involved in community outreach work to prevent violence, founding Wade’s World Foundation to help curb gun violence in particular. A week prior to the incident, Wade and fellow team member, LeBron James, spoke out against the shooting death of Trayvon Martin by a neighborhood watch member in Sanford, Fla.
Criminal charges will be brought against Johnson’s attackers once they’re apprehended. However, Johnson may also want to file a civil suit against his assailants for battery.
While a criminal suit is brought by the state to punish a person who has broken the law, a civil suit is brought by a plaintiff who has been injured as a result of the negligence or intentional act of a defendant. A civil suit would allow Johnson to collect from his attackers compensation for his medical expenses, pain and suffering, lost wages, and even punitive damages.
Johnson has a cause of action for the intentional tort of battery. A defendant is liable for battery when he intentionally causes an unconsented harmful or offensive contact with another person. Here, Johnson’s assailants are liable for battery for intentionally shooting him.
Hopefully, Darin Johnson’s assailants will soon face the consequences of their actions, whether it be in criminal or civil proceedings.
Related Resources:
Find a Chicago Personal Injury Attorney (FindLaw)
Dwyane Wade’s Nephew Shot In Chicago: 13 Wounded, 2 Dead In One Night (The Huffington Post)
Civil Cases vs. Criminal Cases - Key Differences (FindLaw)
The Chicago Personal Injury Law Blog
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