augusta free press news

Domestic violence and personal injury claims: Do they have something in common?

domestic violence
(© doidam10 – stock.adobe.com)

If you have been a victim of domestic violence, the most important step you can take is keep yourself safe. Contact local law enforcement and remove yourself from the dangerous situation as soon as possible.

There are legal steps you can take to protect yourself and your family from further violence. One of the most important ones is to make the authorities aware of the abuse so they can help. Once you are safe, you may be wondering about legal remedies. Some people may not be aware that you can file a lawsuit against your abuser. This action can be an essential part of your healing process. Here is what you need to know.

What qualifies as domestic violence?

Domestic violence can be an elusive concept, as there aren’t always bruises to show. The term refers to acts of physical, emotional, or psychological aggression that occur in a domestic setting. While domestic abuse is often reported in marriages, this is not a mandatory condition. Domestic violence also applies to people living in cohabitation or other living arrangements.

Domestic violence manifests as a behavior pattern within a relationship that is centered on control and exerting power. It can include a wide range of actions:

  • Physical violence
  • Verbal threats
  • Controlling behaviors
  • Abuse of power
  • Withholding money
  • Intimidation

Many abusers threaten to sue for custody of children to punish their partner. If you have been harmed by a current or former partner, you can get compensation for your injuries. Damages can cover both physical and psychological injuries.

Survivors of domestic abuse

Anyone can become a victim of domestic abuse. Sometimes, the early signs can be hard to recognize and the frightening reality of abuse creeps up on the victim over a long period. If you have experienced any of the following abusive behavior, reach out to someone for help and take action:

  • You were made fun of and embarrassed in public
  • Intimidation and threats were used against you for compliance
  • You were made to feel that you cannot decide for yourself
  • The abuser blamed the violence on alcohol or drugs
  • Made to feel worthless as an individual

Beyond specific actions, emotions play a crucial role in abuse. If you suspect that you may be a victim, closely monitor how a person makes you feel. A healthy relationship should empower both partners to achieve their full potential as individuals and as a pair. If you feel scared, worthless, and undervalued, try to leave the toxic relationship as soon as you can.

Victims tend to associate the following feelings and emotions with their experience of domestic violence:

  • Fear
  • Worthlessness
  • Anxiety
  • Hopelessness
  • Depression

Starting a personal injury case for a domestic assault

The law handles domestic violence in two ways, in civil court and criminal court. Not only can an abuser be arrested, but they can also be held financially liable for the damage they caused. Victims can bring a personal injury lawsuit and ask the court to recover money for:

  • Lost time from work
  • Lost future income
  • Current and future medical expenses
  • Emotional distress
  • Damaged property

Unlike some personal injury cases, domestic violence lawsuits are typically easier to prove. Police reports, eyewitness statements, and medical records provide valuable evidence that you can use against your attacker.

You can also sue parties that had a duty to stop the abuse but failed to do so. If, for example, you fled to a domestic violence shelter and the shelter staff disclosed your location, you can sue them as well. The staff is meant to offer and maintain a protective environment.

If you have been the victim of domestic violence, get help from an injury lawyer in Myrtle Beach.

Consequences of filing domestic violence personal injury lawsuits

One of the major drawbacks of filing a domestic violence lawsuit is that it can take a long time to reach trial. In addition to the trauma of the assault and abuse, the victim has to go through a lengthy legal process, which can also be quite stressful. Still, this should not stop you from seeking justice. Accept the help of an attorney and fight together for the compensation you deserve.

During the proceedings, the victim may have to retell the story in front of people. It can also be difficult to recover funds from a defendant who has limited income or assets. However, a skilled legal expert may find a solution for such problems.

If you share a child with the abuser, they may often use the care of the child as an additional way to continue the abuse. The longer the litigation lasts, the more challenging it is for the victim to move on with their life. The key is to have a skilled attorney on your side who can handle the case on your behalf as quickly and efficiently as possible.

About intentional torts

When a party intentionally causes you harm, you can file what is called an “intentional tort.” These torts are specific to each incident and provide relief through the courts. If you have been victimized in any of these ways, you may have a case against the other party. The most common intentional torts include:

  • Battery
  • Assault
  • Trespass to land
  • Intentional infliction of emotional distress
  • Trespass to chattel
  • Conversion

Victims of domestic violence most commonly rely on battery and assault torts and are often successful in getting damages from their abusers. Personal injury suits are also highly effective when the victim can show real damages as a result of their abuse.

You are not alone

Domestic violence is difficult to experience and escape from. A lengthy litigation following a traumatic experience can cause further discomfort. However, this should not impede seeking justice. With the right attorney by your side, you can easily conquer the lawsuit and be equipped for a fresh start.

If you or someone you know feel trapped in a toxic relationship and experience domestic abuse, remember that there is a way out. While it may feel like you are isolated, you are not alone. Reach out to a trusted friend or family member and seek shelter. There are also many organizations nationwide that offer support and guidance for victims. All you have to do is reach out and ask for help; it will be offered to you.

 

Story by Kerry L. Tucker. Early in his journalism career, Tucker had a revelation: there were not enough experts reporting on law issues. Legal matters are part of daily life. Yet, there seems to be a general aversion towards them. One of the main reasons for this is that the convoluted legal language is difficult for many people to follow. Therefore, he decided to change how the law is perceived by the public. Throughout his career, he met with many people who shared their personal stories with him. Some of these hit him harder. One of the cases that stayed with him and influenced his future career development was a car accident case involving a child. From then on, he decided to zero in on car accident lawsuits.


augusta free press
augusta free press