Under Florida Law, domestic violence constitutes a variety of crimes such as assault, battery, sexual offenses, and other unlawful wrongdoing perpetrated by one family or household member against another that leads to injury or death. Survivors of domestic violence may suffer for years at the hands of the perpetrator before justice is upheld. Even if the wrongdoer is eventually criminally prosecuted for the acts of domestic violence they have committed, this does nothing to compensate the victim for that harm.
A Eustis domestic violence injury lawyer can help file a civil lawsuit to seek compensation for a wide range of damages. The claim is based on the grounds that the abuser’s actions were either intentional or negligent and directly caused your injuries. Do not hesitate to contact a personal injury attorney at The Umansky Law Firm today to receive a confidential case review and determine your legal rights and options.
Common injuries suffered in domestic violence cases include bruises, cuts, and fractures, including injuries to the head, neck, and face. Other frequently reported injures include broken bones, internal injuries, and brain injuries. Survivors also commonly suffer a wide range of psychological and chronic health conditions in the aftermath of the abuse.
A domestic violence lawsuit can recover damages for a range of losses, including your economic damages (medical expenses, lost wages, property damage) and non-economic damages like pain and suffering and emotional distress. In cases of malicious or reckless behavior, punitive damages may also be awarded to punish your abuser. Individuals injured by domestic violence are often hesitant to file a civil lawsuit for a complex variety of reasons.
Fear is often a primary barrier, as survivors often worry that pursuing legal action will provoke further violence or escalation by the abuser. Many survivors of domestic abuse are financially dependent on their abuser and fear losing their source of income, housing, or insurance, and being without the means to support themselves and their children. Our Eustis domestic violence injury attorneys can provide compassionate guidance, and act as a buffer against your abuser and a complicated legal system.
We can handle all communications with the abuser and their representatives, protecting you from direct contact and any unfair litigation tactics. Our team will meticulously gather critical evidence, including medical records, police reports, photographs of injuries, witness statements, and digital records, and consult with medical experts who can testify to explain injury patterns and their long-term impact. These steps are critical to properly value your case and hold the perpetrator accountable in a civil lawsuit.
Filing a domestic violence injury lawsuit involves a civil legal process that operates separately from a criminal case and focuses on obtaining financial compensation for your losses rather than punishing the perpetrator with jail time. To start, your Eustis attorney can file a domestic violence injury claim against the responsible party and/or their insurance company and begin settlement negotiations.
Most cases are resolved during this phase without going to trial. If the other party refuses to offer a satisfactory settlement, we can file a formal lawsuit with the court to start the litigation process. Upon a successful verdict, the court would issue a judgment specifying the damages the defendant must pay.
A criminal conviction can serve as powerful proof of fault or negligence in the civil case, and often makes insurance companies and defendants more motivated to settle to avoid further legal complications, public scrutiny, or a potentially larger payout at trial. While a criminal conviction can provide a significant advantage in a civil case, the two are separate avenues for justice, and a civil claim can succeed independently.
Even an acquittal in a separate criminal case does not prevent a survivor of domestic violence from pursuing or winning a civil injury lawsuit. It is important to remember that the criminal case determines guilt, while the civil case determines liability. Civil cases require it to be “more likely than not” that the defendant is liable, a much lower standard than the “beyond a reasonable doubt” standard in criminal court.
While no amount of money can rectify the effects of domestic violence, filing a compensation claim can help you obtain a measure of justice by securing financial recovery for your physical, emotional, and psychological injuries. If you have suffered injuries from domestic abuse, a Eustis domestic violence injury lawyer can advocate for your best interests and assert your rights in a civil lawsuit.
Beyond legal advice, our compassionate attorneys can offer guidance and support, explain the legal process clearly, and help you make informed decisions during an emotionally challenging time. If you have questions about your right to file a claim, contact us today. Our team will provide a free, on-on-one review of your case.
The Umansky Law Firm Criminal Defense & Injury Attorneys
