Aside from arrests, restraining orders, and prosecution, an abused victim, may have another legal remedy in the form of a personal injury claim against the abuser. In this guide, readers will learn how a Personal Injury Attorney in Vernon CT may be able to help them recover for their domestic violence-related injuries.
Civil Claims Aren’t for Protection
There are various agencies and procedures by which domestic abuse victims can get protection from perpetrators. These remedies, such as restraining orders, are obtained via the state’s criminal justice system. While the civil court system has similar remedies and procedures, they’re typically not meant for situations involving imminent violent threats. Civil claims should be delayed until the situation is safe for all involved.
Divorce Will Likely be Necessary
During marriages, spouses’ property and money are jointly held, which means neither person has a greater claim than the other. It may be hard for courts to enforce jury verdicts if there’s no way to take something from one person and give it to the other. Therefore, a divorce will be needed to enforce a damage award resulting from domestic violence. A Personal Injury Attorney in Vernon CT will know how to work within the state’s laws to get an abused client the settlement they deserve.
Civil Claim Types
Victims or plaintiffs will have three types of claims against defendants: battery, assault, and the intentional infliction of emotional distress. If the abuse has caused severe physical harm, pain and suffering damages may be possible under the civil battery theory. Intentional infliction of emotional distress and assault do not involve contact, but the mental anguish a survivor endures may be significant. Damages may be awarded based on the cumulative effects of long-term mental, physical, and emotional abuse.
Suing Authorities Who Intentionally Failed to Protect a Plaintiff
Certain jurisdictions have laws that allow plaintiffs to sue police when they knew protection was needed but failed to provide it. While these laws vary, they typically take away the immunity that normally protects officers from lawsuits.
Domestic violence and mental abuse often have lifelong consequences. Although monetary damages won’t take away the pain and anguish, they may put a victim in a better position to move on with his or her life. Call the personal injury firm of Kahan Kerensky and Capossela LLP to learn more about domestic violence-related claims.
