Domestic violence is a crime in Florida, charged under several acts, such as assault, battery, and false imprisonment, but you can also hold your abuser responsible in civil court by filing a personal injury lawsuit against them. Personal injuries can be based on the defendant’s negligence, but also on intentional conduct that causes your injuries.
Recovering a monetary award to compensate you for what you have endured feels like a personal victory and allows you a fresh start without the added stress a lack of money. To prevail in a domestic violence personal injury action, you must sustain injuries, your abuser should have at least $100,000 in assets beyond a home, and be employed, including owning a business. If a loved one, spouse or ex-spouse, domestic partner, parent of your child, or a member of your household meets these criteria, a Port St. John domestic violence injury lawyer can fight to get you compensated.
Port St. John is a great place to raise a family; Atlantis Elementary School has been recognized nationally for its excellence, the bass fishing in the Indian River is renowned, and the Kennedy Space Center is a draw for employment. Yet behind closed doors, tempers can flare, and someone can be injured.
When Brevard County sheriff’s deputies become involved after a domestic violence incident, they may arrest one party. The prosecutor, representing the state, will determine whether criminal charges are warranted. Even if your abuser is not charged with a crime, or is later acquitted, you can still file a civil lawsuit for domestic violence in Port St. John if you suffer an injury at their hands. A lawyer understands that the burden of proof for a crime is beyond a reasonable doubt, while in civil cases it is by the preponderance of the evidence. This much higher burden for criminal cases allows civil one to proceed when criminal cases fail because the burden is lower in personal injury cases.
Before filing a personal injury lawsuit against your abuser, consider under Florida Statutes § 741.30, your right to file an injunction to enlist the law for help keeping your abuser away from you.
Our attorneys are thoroughly versed in criminal and civil law and can help you maneuver through all elements of your interactions with both courts. To prevail in a civil action and to obtain a restraining order, you must gather evidence of the domestic violence perpetrated against you. Excellent evidence includes:
We have relationships with expert witnesses, should they be necessary to add credence to your story. Contact a Port St. John domestic violence injury attorney now to ensure your safety and get you compensated.
In civil suits when someone negligently or intentionally harms someone else, they are held responsible for the injuries they cause. Juries award economic and non-economic damages. Economic damages are losses with price tags, such as medical bills, lost wages, and property damage. Non-economic damages are determined subjectively by putting a price tag on emotional and psychological suffering, physical pain, disfigurement, and loss of enjoyment of life.
In some cases, you might be entitled to collect punitive damages, which are rare and pleaded separately from compensatory damages. They are meant to punish an aggressor who acted maliciously, deliberately violently, oppressively, or so grossly negligent that the wellbeing of another is disregarded, according to the Florida Supreme Court decision in W.R. Grace v. Waters, 1994. Generally, Florida caps punitive damages to the greater of three times the amount of compensatory damages or $500,000. A Port St. John domestic violence injury attorney can advise you whether you qualify for punitive damages.
Florida law looks at domestic violence as a comprehensive set of wrongful acts, from assault and battery to kidnapping, isolation, and financial control over a relative or roommate. Regardless of whether criminal charges are pending, you can decide to hold your abuser financially responsible through a personal injury lawsuit.
Our Port St. John domestic violence injury lawyers are compassionate listeners ready to speak with you about your circumstances. We are also ready to hold your abuser responsible for compensating you. The person who caused you to lose your physical and emotional wellbeing should face the consequences, so contact us today.
The Umansky Law Firm Criminal Defense & Injury Attorneys
