While the state of Florida does not define “domestic violence” as a distinct criminal offense, it does allow various criminal offenses such as assault, battery, and sexual battery to be categorized as domestic violence and prosecuted accordingly. However, even if someone is convicted in criminal court of a domestic violence offense, the criminal justice system is not built to provide restorative relief to people who suffer physical, financial, or psychological harm from being subjected to domestic abuse.
Fortunately, you may have a right to pursue financial restitution for losses you suffered from domestic violence by pursuing a lawsuit with a skilled personal injury attorney’s help. By working closely with a Winter Garden domestic violence injury lawyer, you could seek some level of justice for the harm you experienced.
Importantly, someone being criminally charged with, or convicted, of a domestic violence crime does not prohibit someone injured in that violent criminal act from filing civil suit against them. The claimant also has this right even if law enforcement refuses to file a domestic violence charges against their abuser. This is because criminal and civil cases are handled by completely separate court systems in Winter Garden, and it is possible for criminal and civil cases stemming from the same incident to move forward simultaneously without having any direct impact on each other.
Generally, it is possible to file suit over an instance of domestic violence, as long as the prospective plaintiff pursuing the claim suffered some kind of harm as a direct result of domestic violence. This harm is usually, but not always, a physical injury requiring professional medical care. The standard of proof for this type of claim is “a preponderance of the evidence.” This essentially means the plaintiff must prove it is more likely than not that their losses stemmed directly from the actions of the defendant they are suing. A Winter Garden domestic violence injury attorney could explain this aspect in more detail during a private initial consultation.
Through a successful lawsuit or settlement demand, someone injured through someone else’s act of domestic violence can recover financially for both economic and non-economic forms of harm. These are losses with objective financial values and losses which can only be valued based on the plaintiff’s subjective personal experiences. Specific damages which often play a role in cases like this include:
Various types of evidence may be necessary to establish both the existence and financial value of various losses, from quantitative evidence like medical reports and bills, to more qualitative evidence like witness testimony and personal recollections. A qualified lawyer could provide crucial help with collecting important information and building a comprehensive claim around a domestic violence injury in Winter Garden.
Domestic violence should never be tolerated, and neither should the physical, mental, and financial damage it can leave in its wake. When you have suffered any kind of harm from domestic violence that the criminal court system has not reimbursed you for, your best bet may be to pursue civil litigation with guidance from The Umansky Law Firm.
A compassionate Winter Garden domestic violence injury lawyer could work tirelessly on your behalf to ensure you get paid what you deserve. Call us today to discuss your options during a free consultation.
The Umansky Law Firm Criminal Defense & Injury Attorneys
