Domestic violence is a pervasive factor in familial relationships. It destroys the trust you put in a loved one, and numbs you if you are a victim of it and do not know what to do. Harming a spouse, intimate partner, child, another resident of the home, or an ex-spouse is an attempt to exert control. It is also a crime, and Brevard Sheriff’s Office deputies or Cocoa Beach police will arrest the offender.
Then, it is up to you to draw on your courage and call a Cocoa Beach domestic violence injury lawyer. You may be entitled to medical care for the physical and emotional injuries your abuser imparts, along with other compensation. Our clients share that it is often cathartic to tell us their stories of abuse and be helped with a path forward. Call now for a confidential consultation with a personal injury attorney from The Umansky Law Firm.
Negligence is a civil tort action in which a person breaches the duty society places on all people to act in all situations like a reasonable person would act. If these actions are the cause of injuries to another, negligence is established, and the injured party is eligible for a monetary award determined by the jury.
Recklessness encompasses actions that are outrageous enough that it is foreseeable that someone will be injured, although the perpetrator wantonly disregards this factor. Intentional acts are even more egregious because the perpetrator intends to harm the victim. These legal concepts play a part in domestic violence actions.
Your loved one is likely to be arrested for domestic violence and charged with an underlying crime. To mitigate more serious charges, perpetrators often claim they did not act intentionally to harm you, it was an accident, or that you provoked them into a rage. Some underlying crimes depend on the prosecutor proving intent, but a civil domestic violence case does not. The perpetrator may be negligent or reckless, and you can still win compensation. Let our Cocoa Beach domestic violence injury attorneys explain how.
Negligence per se streamlines the process if your aggressor is arrested and charged with a crime that violates a statue meant to protect others. A charge for the crime in which a loved one victimizes you allows your attorney to use the arrest record in your civil trial as proof your loved one breached the duty owed to you. All that must be proven is that the violent act caused your injuries. Even if your loved one is not arrested and charged criminally, a Cocoa Beach domestic abuse injury lawyer could assess your situation and determine if a civil action is appropriate.
The reason you can bring a civil lawsuit against a perpetrator, even if the criminal charges are never brought or are dismissed, is because the burden of proof in civil trials differs from the burden in criminal trials. Criminal prosecutors must prove guilt beyond a reasonable doubt, which means the jury is thoroughly convinced the only person who could have caused the injuries is your loved one. Civil trials require proof by the preponderance of the evidence. This means it is more likely than not that your loved one harmed you, but some doubt is possible. Our attorneys strive to get you the most compensation possible that aptly reimburses your losses.
The underlying crimes related to domestic violence are assaults, batteries, kidnappings, stalking, and false imprisonment, according to Florida Statutes § 741.28. You should be compensated for enduring these acts and injuries. The Cocoa Beach lawyers at The Umansky Law Firm could seek a damages award to pay your medical bills, lost wages, property loss, and emotional and psychological trauma. We consider your dignity and the stress you will be under facing your tormentor and we make the process as painless as possible for you.
Domestic violence touches families of all incomes and education levels, and both men and women are victimized. Nobody deserves the broken noses, black eyes, instilled fear, or separation from others so the abuser can exert unchallenged control.
While local deputies and police handle the criminal aspects of your situation, our attorneys handle the civil ones. We can inform you about restraining orders to keep your abuser away from you, and we will seek compensation as a civil matter. A Cocoa Beach domestic violence injury lawyer from The Umansky Law Firm is your stalwart advocate.
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