Can I Pursue Compensation for Injuries from Domestic Violence?

 Posted on September 22, 2020 in Victimology

Domestic violence is a serious issue in Wisconsin, with nearly 30,000 incidents reported to law enforcement each year. Many of these incidents result in criminal convictions for charges ranging from misdemeanor battery to Class A felony murder, but these convictions may offer little comfort to abuse survivors who are left to cope with injuries and their lasting effects. If you have been the victim of domestic abuse, you may need an attorney who can help you pursue compensation through a victimology claim in civil court.

How to Pursue a Civil Lawsuit Against an Abuser in Wisconsin

A victimology lawsuit is similar in some ways to a personal injury lawsuit you might file after a car accident. You will need to prepare evidence to demonstrate to the court that your injuries were caused by the actions of another person and that you have incurred significant damages and expenses as a result. In order to present a strong case for full compensation, you should also keep a record of all damages related to your injuries, including medical expenses, lost wages, emotional distress, in addition to pain and suffering.

The primary difference between a personal injury lawsuit and a domestic violence civil lawsuit is the intentionality of the person against whom you are filing. In a personal injury case, you typically must demonstrate that another party was negligent and that their breach of duty of care caused your injuries. A domestic violence lawsuit, on the other hand, typically qualifies as an intentional tort, meaning that you must demonstrate that the other party intentionally harmed you.

What if the Abuser Is My Spouse?

Domestic violence can come from any member of your household, including siblings, parents, and romantic partners. If the abuser is your spouse, you may fear that a lawsuit is not possible because you would be suing someone who already shares assets with you. However, it is still possible to pursue compensation from your spouse, especially if you are also filing for divorce. Since Wisconsin is a no-fault divorce state, the division of assets in your divorce will not specifically account for your damages, but a lawsuit can help you obtain the additional compensation you need.

Contact a Waukesha County Victimology Attorney

Bucher Law Group, LLC is one of the few Wisconsin law firms that practice victimology law. We are committed to fighting for victims of domestic violence, sexual assault, drunk driving, and other criminal actions that can cause serious injury. If you have been hurt by an abusive spouse or family member, contact a Milwaukee County victim’s rights lawyer today at 262-303-4916 to request a free consultation.

Sources:

https://www.doj.state.wi.us/dles/bjia/domestic-abuse-data

https://docs.legis.wisconsin.gov/statutes/statutes/968/075 

https://docs.legis.wisconsin.gov/statutes/statutes/893/V/57?view=section