Domestic violence is a crime, but criminal charges aren't the only ones your spouse may face in case they have meted out some violence on you. Depending on the circumstances of your injury, you may also be able to get your spouse to pay for the associated damages. Here are three things you should know before going down that route:
You Will Probably Need a Divorce
The first thing you should note is that it will be difficult to get your spouse to pay for the damages if you are still married to them. This is because most state laws consider marriage as a unit, which means you and your spouse are treated as one thing. There is no way the government can force one-half of a unit to pay another half of the unit injury damages. After all, the assets you have, such as your insurance coverage or your cash in the bank, belong to both of you equitably.
The solution comes when you divorce your spouse; the court will be able to get your settlement from your spouse's divorce settlement. This doesn't mean that you should get divorced, it just means that if you have started the divorce proceedings (which many people do when faced with domestic violence), you can go ahead with the injury claim knowing you will get your judgment.
You May Also Be Able To Sue the Police
If your spouse is abusing you, and you can prove it, then they automatically become liable for your injuries. However, they aren't the only party who may be liable for your damages. In some states, you may be able to claim damages from the police if they fail to protect you from your partner. In states that allow such claims, domestic violence victims need to prove that they reported the crime to the police, they were clearly injured, but the police still failed to offer them the necessary protection.
You Can Claim Damages Even Without Significant Physical Injury
Lastly, you should know that you can go ahead with your claim or lawsuit even if you don't have significant physical injuries from the abuse. These lawsuits aren't restricted to those with broken limbs or missing teeth; the court acknowledges that some injuries aren't physical. For example, you can claim emotional or psychological abuse by your partner, and you can be compensated for it, if you can prove it.
The first thing you should always do when faced with domestic violence is to report the issue to the authorities. You should only seek an injury lawyer's counsel once you are safe. Visit a site like http://www.centralnylaw.com for more help.
