Abuse of any kind is tragic. But when that abuse comes at the hands of a family member or someone you love, the situation is even more heart-wrenching. Domestic abuse can result in long-term physical and emotional damage. In addition, survivors of domestic violence frequently experience financial difficulties as they struggle to pay unexpected medical bills and cope with other tangible and intangible losses.
If you or a loved one experienced domestic abuse, you should consider meeting with an experienced domestic abuse injury attorney to learn about pursuing a lawsuit against the person who abused you. You could collect significant damages in an Orlando domestic violence injury claim.
According to Florida Statutes § 741.28, many types of violent crime could be domestic violence. Domestic violence can involve assaults, batteries, sexual assaults, stalking, kidnapping, or any other crime that causes a family member or household member to suffer a physical injury or die.
The relationship between the parties determines whether the crime is domestic violence under Florida state law. Domestic abuse happens when one person commits a violent crime against their spouse, live-in romantic partner, ex-spouse, former romantic partner, their child’s co-parent, or another close relative by blood or marriage residing in the same home. According to the statute, for the crime to be domestic violence, the perpetrator and the victim must live together either currently or in the past, although this rule does not need to apply if the two are co-parents to a child.
After a domestic violence incident, entire families can suffer, with the victim of the attack sustaining physical, emotional, and financial losses. Depending on the type and severity of their physical injuries, they might need extensive medical treatment, including surgeries, physical therapy, rehabilitation, and occupational therapy. But the emotional trauma of the attack can affect more than just the victim. The whole family might need treatment for anxiety, depression, anger, and post-traumatic stress.
When children are involved, they often need to relearn how to trust adults. Sometimes, domestic violence survivors need to take time off from their jobs in order to recuperate physically and emotionally. Family members of attack survivors might also need to take extended leaves of absence to provide care and support to their injured loved ones. They may face financial strain in addition to enduring physical and emotional pain.
Fortunately, the legal system provides a potential remedy for their financial troubles. Domestic assault survivors can file civil suits seeking compensation for all of their losses. This is made easier if the perpetrator already has significant assets or owns a business.
People can seek recovery of their actual economic losses, such as their medical and rehabilitation expenses, property damage bills, therapy bills, lost wages, and lost benefits that stem from the abuse.
Domestic injury survivors can also pursue damages for their non-economic losses, which are harder to quantify but are still real and deserving of compensation. Non-economic losses include emotional distress, pain and suffering, loss of companionship, and loss of enjoyment of life.
Florida law also grants domestic abuse survivors the right to pursue punitive damages in certain instances to punish people for their actions. However, Florida caps the amount of punitive damages. An attorney could explain the relevant damage limits.
Experienced legal professionals could help a family investigate the circumstances of their domestic assault to help them come up with a fair damages award.
If you recently survived a domestic assault, you are probably dealing with enormous grief. Whether the perpetrator is facing criminal charges or not, you have another avenue of relief available to you. You might be eligible for potential damages in an Orlando domestic violence injury claim.
Get in touch with The Umansky Law Firm today. Our personal injury attorneys understand how sensitive this matter is and can provide valuable advice on what to do next.
The Umansky Law Firm Criminal Defense & Injury Attorneys