While spouses were once prohibited from suing one another, most jurisdictions now allow lawsuits between married couples. Even in areas where immediate relatives may not sue one another, exceptions are made for intentional torts. Any behavior considered to be domestic violence, such as mental or physical abuse, can be considered intentional.
Which Behaviors Constitute Domestic Violence?
No all-encompassing definition exists, therefore, every jurisdiction defines domestic violence differently. Usually, the following behaviors are considered to be domestic violence:
* shoving, hair pulling, punching or slapping;
* forced sexual intercourse, or constant jokes about one’s sexuality;
* threats of impending abuse or of disclosing confidential information;
* psychological attacks, limits on one’s behavior, constant insults.
If any of these behaviors are exhibited by someone close to the client, it is likely that domestic violence has occurred. All jurisdictions consider these behaviors to be domestic violence if the couple is married, and other protected classes depend on location.
Why Should Victims Sue Their Abusers?
Apart from the financial benefits, bringing a tort case against an abuser can provide a sense of control and relief. If a victim misses work because of abuse, they can receive compensation for medical bills and lost wages, along with pain and suffering damages. Some jurisdictions allow for punitive damages, which can be sufficient to allow a victim to start fresh away from the abuser.
Suing an Abuser
If a victim considers suing an abuser, they should consider these points.
* Is the suit worthwhile? Can the abuser pay for damages?
* Is the abuser insured? Homeowners’ insurance won’t pay for torts, but it will pay in negligence cases. A Philly personal injury lawyer can help a victim frame their abuse as the result of negligence.
* Is there a divorce settlement? These agreements often preclude victims from suing for past abuse.
If the victim wins their case, they can receive a substantial compensation for the damages suffered. Anyone who believes they have a case for domestic violence against a family member should consult a personal injury attorney right away. The statute of limitations may apply to such a case, and the victim should visit website to talk to a Philly personal injury lawyer immediately to determine their options and protect their legal rights.
