Filing A Domestic Violence Injury Claim
Domestic violence cases often focus on criminal charges, but did you know they can also involve civil claims for injuries sustained during the abuse? It’s true—victims of domestic violence have the right to seek compensation for physical and emotional harm caused by the abuser. Filing a domestic violence injury claim can help cover medical bills, lost wages, and other damages resulting from the abuse.
Types Of Damages You Could Recover
Victims of domestic violence can seek various types of damages through an injury claim. These may include:
- Medical Expenses: Costs for emergency care, surgeries, physical therapy, and ongoing treatment.
- Lost Wages: Compensation for time missed from work due to injuries or emotional trauma.
- Pain And Suffering: Damages for physical pain and emotional distress caused by the abuse.
- Punitive Damages: In some cases, courts may award punitive damages to punish the abuser and deter similar behavior.
Calculating damages requires careful documentation and a thorough understanding of the victim’s losses. Attorneys like those at Stechschulte Nell can attest to the importance of accurately assessing damages to pursue fair compensation.
Establishing Liability In A Domestic Violence Injury Claim
To file a successful injury claim, we’ll need to collect evidence that demonstrates that the individual intentionally caused you physical injury or emotional distress. Evidence such as medical records, police reports, photographs of injuries, and witness statements will play a crucial role in proving liability.
In some cases, liability may also extend to third parties. For example, if a landlord failed to address known threats of violence on their property, they could be held partially responsible for the injuries. Working with a personal injury attorney can help identify all potential sources of liability and build a strong case.
Filing A Claim While Criminal Charges Are Pending
Many domestic violence injury claims are filed while criminal charges against the abuser are still pending. It’s important to understand that the criminal and civil cases are separate legal matters. A civil injury claim focuses on compensating the victim, while a criminal case seeks to hold the abuser accountable to the state.
The outcome of the criminal case may impact the civil claim, but it’s not a requirement for success. Even if the abuser is not convicted in criminal court, the victim can still pursue compensation through a civil claim.
A domestic violence defense lawyer may defend the accused in the criminal case, but their arguments do not prevent the victim from seeking damages in civil court. Our colleagues at Stechschulte Nell defend people who have been accused of domestic violence, but also can attest to the importance of DV victims pursuing justice and obtaining the support you need to rebuild your life.
The Importance Of Acting Quickly
Domestic violence injury claims are subject to statutes of limitations, which set a deadline for filing. Acting quickly is essential to preserving evidence and protecting your right to seek compensation. Delays can make it more difficult to build a strong case and recover the damages you deserve.
Filing a domestic violence injury claim is a powerful way to hold your abuser accountable and secure the funds, support, and resources you need to move forward with your life. If you or someone you know has been injured due to domestic violence, consider reaching out to a qualified personal injury attorney to discuss your options.
