Queens Attorney for Injured Domestic Abuse Victims
If you or a loved one was injured in a domestic abuse dispute in Queens, NY, we can help you. Our Queens personal injury attorneys at the law offices of Sullivan & Galleshaw, LLP, can help you hold the liable parties accountable for your losses. Thanks to our many years of experience handling countless personal injury claims, we have developed the necessary skills to fight aggressively for the compensation you deserve.
Please don’t wait another day and contact our law offices today. Our lawyers can put their experience, skill, and knowledge to work for you while you focus on recovering from your trauma. Schedule your free, confidential consultation today by dialing (718) 843-0300.
Filing a Civil Claim After a Domestic Abuse Situation in Queens, NY
There is a generalized misconception that individuals who have been prosecuted for a crime cannot be tried in civil court. It is essential to make a distinction between criminal and civil cases for the purpose of compensation. The legal principle known as double jeopardy prevents a defendant from being tried for the same crime twice. However, this applies to criminal cases exclusively. In other words, you are not barred from filing a civil suit against your abuser even if he or she was tried for the same offense at the criminal level.
There has also been some confusion regarding suing a family member in cases of domestic abuse. Some courts in the U.S. do not favor claims against family members because it would jeopardize the family unity. Under NY law, you can file a civil claim against a family member in domestic abuse cases.
There are several things you should consider before filing a claim for domestic abuse in Queens. Domestic abuse civil claims can be stressful and emotionally draining. Often, injured victims have to relive their experience while proving their cases in court. Additionally, going forward with your claim may cause friction amongst your family, which you should be aware of. However, despite this reality, domestic abuse victims often go forward not only to get the compensation they rightfully deserve but also to get a sense of closure. Our Queens attorneys for injured domestic abuse victims can assist you with these matters.
Proving Your Claim as an Injured Domestic Abuse Victim in Queens
As we mentioned, you can file a personal injury claim against our abuser in Queens. However, before you can get compensation, you need to prove a specific set of elements. Most personal injury cases involve the defendant’s negligence. However, there are entirely different factors that come into play in domestic abuse cases. The fact that you may have been abused means there was intention behind the defendant’s actions. Thus, the court will expect you to provide evidence showing the defendant’s intentional tort.
Intentional tort refers to the willful, deliberate act to inflict harm upon another. Different from other types of torts where the defendant’s negligence plays a significant role, in intentional tort cases, the defendant’s mindset and intent are directed towards inflicting damage to the victim.
There are different iterations of intentional tort, but we will focus solely on the one that applies for most domestic violence cases: civil assault and battery. Civil assault – similar to criminal assault – doesn’t require the victim to be physically touched by the abuser. As a domestic abuse victim in a civil claim, you will need to establish that the defendant had the intention of inflicting harm, had the ability to inflict harm, and that they created a reasonable apprehension of bodily harm on you.
Civil battery requires showing the existence of additional elements. The court expects you to prove that the defendant intentionally touched you, or applied force in a harmful manner, without your consent. If you were threatened and touched without your consent, you may have a cause of action against your abuser. It is essential to understand that you have the burden of showing the defendant’s intentional actions as a plaintiff. Que quantum of evidence required in a civil claim should not be confused with that of a criminal case.
For instance, in a criminal case, the prosecutor must prove their case beyond any reasonable doubt. However, in civil cases, you are only required to show the elements of your claim through the preponderance of the evidence, which is a lower evidence requirement. Our Queens attorney for injured domestic abuse victims can help you with these matters.
Compensation for Injured Domestic Abuse Victims in Queens
Civil assault and battery are intentional torts that can grant you the chance to get compensation. You may wonder how much compensation you can expect from your case. The answer to this question is: it depends. Every domestic abuse case in Queens is different. This means that the court will need to evaluate each case considering all of the circumstances surrounding the domestic abuse situation. However, there may be common elements the court may consider when assessing each case. For instance, when you present your petition in court, they will focus on the extent of your injuries and the losses you experienced as a result of the abuse, including your pain and suffering.
In exceptional cases, the court may grant what is known as punitive damages. Punitive damages are special awards granted in situations where the defendant’s actions were particularly egregious, wanton, and willful. The court often uses this distinctive award to benefits the victim and to prevent others from engaging in similar conduct in the future.
Queens Attorney for Injured Domestic Abuse Victims Offering Free Consultations
We can help if you or a loved one was injured in a domestic violence situation in Queens. At the law offices of Sullivan & Galleshaw, LLP, we know how challenging and frustrating dealing with this situation can be for you and your loved ones. For this reason, we dedicate all of our efforts and resources to hold the liable parties accountable for your losses. We will work tirelessly to get the compensation you deserve for the physical, emotional, and psychological injuries you suffered. Call our law offices today for your free, confidential consultation. Our phone number is (718) 843-0300.