In the legal circles, personal injury means or refers to a situation where someone has been physically or emotionally injured or killed, due to the wrongful act committed by another person. Most people get into relationships with open arms only to find out some months or years later, that the spouse is abusive either emotionally or physically. If you are reading this and your spouse abuses you, the question you should ask yourself is whether you can sue the spouse for personal injury. Yes, you can! Take a good example the case where one spouse is emotionally abused and can’t concentrate at work or at home. This my friend, is a case worth presenting.
Most attorneys we have don’t see the potential to recover civil damages especially in domestic assault abuse cases. However, domestic violence cases that involve mental and physical abuse in most cases belong to the civil rather than the family court, this is especially so if the defendant wants to recover any equitable distribution. These cases in simple terms can be viewed as personal injury cases which automatically gives rise to direct liability on the part of the offender. The personal injury action against domestic violence follows the same guidelines as a medical malpractice or an auto case.
These cases are usually framed as an action for assault, emotional stress, or battery. Depending on the law in your jurisdiction, and the creativity of the attorney drafting and arguing the defendant’s case, you may be able to obtain insurance claim for the injuries that you have. The one thing about these types of cases is that they are highly fact specified and they depend heavily on the law in the jurisdiction where the case has been applied. In most domestic cases, these remedies are unavailable but the attorney should explore them so that the victim as fully as the law dictates.
Insurance coverage
Most homeowners coverage when it comes to home insurance exclude coverage for intentional acts. Experts on domestic violence say that it is less about the abuse itself but about the control. An abuser is said to often push and shove not in attempt to injure, but in an attempt to control, vent anger or induce fear. In such cases, when an injury occurs, it is often said to be unforeseen or unintended of a malicious or cowardly act. Because of these possible liabilities, insurance firms have tried to close these loopholes.
Auto Insurance
As strange as it appears or sounds, an estranged relationship may sometimes stalk the other using a car and have a deadly weapon on board. This type of abuse often occurs when one of the couple is picking or dropping off children as part of visitation agreement or when one is caught red handed having another affair. When the abuser uses a car to abuse, will auto insurance cover damage? This argument is more or less the same similar to homeowner insurance.
It is common for spouses to bring personal injury actions as counterclaims to divorce. These actions should not be overlooked. Domestic violence compensation is as worthy as any other suffered by victims of malpractice or defective products. More plaintiff lawyers should always consider how the law can provide compensation for injuries that are caused by domestic abuse. Doing this helps the client, and the society fight this vice.