Surviving domestic violence can be an uphill battle, often, a survivor must endure a drawn out healing process. They may have been trapped in the cycle of abuse for many years, which may have had a lasting impact on their emotional and physical health. The following may help to provide insight in moving forward with a personal injury claim.
Domestic Violence Survivors
It can be difficult to make the decision to sue your ex-spouse for damages as a result of the abuse you endured when in the relationship. Common types of damages that the plaintiff may sue for include:
a. Pain and Suffering
b. Attorney Fees
c. Missed work resulting in lost jobs or pay
d. Medical expenses incurred from injuries or doctor’s visits
There may be apprehension on the part of the claimant because the claim will not protect the survivor legally from the batterer. Revisiting the trauma they may have experienced in a court setting and facing the person who abused them may be difficult. Accessing a victim’s advocate or a mental health provider may help to empower the b. /victim to go through what may be a long legal process.
Intention Tort is when someone willingly does wrongdoing or harm to another person. Domestic violence is categorized as an intentional tort. Types of harm include:
b. Trespassing or stalking
c. Emotional abuse
What Types of Lawsuits can be Filed?
When a victim files a lawsuit against the perpetrator the suit is to receive damages for physical abuse and emotional abuse.
Physical Abuse is often much easier to prove because it can be clearly documented with photos of bruises or eyewitness accounts of physical harm being done to the victim.
Emotional Abuse can have a lasting impact on the person who suffered the abuse. Often abuse goes on for years and can be significant. When bruises from physical abuse fade, the victim still suffers. Emotional abuse can be tough to prove. Utilizing an expert witness to testify to how the abuse specifically impacted you can be helpful in proving your claim. Often this type of testimony is provided by a mental health clinician.
An attorney will be able to help you navigate through the complexities of your personal injury claim. In addition, it is likely possible that you can file your personal injury claim from physical abuse while going the divorce process. It may be easier to do both at the same time as compensation for physical abuse claims have been included as part of the divorce decree. It is common practice for many attorneys to offer the first initial consultation for free. Consulting with an attorney to discuss your case can be helpful in working through the specifics and whether or not a personal injury claim would be appropriate. Speak with an experienced attorney such as the personal injury lawyer Cheyenne WY locals trust.
Thanks to authors at Cannon Hadfield Stieben and Doutt for their insight into Personal Injury Law.