Domestic abuse is more common than many people realize. While abusers may face serious criminal penalties once the abuse is reported, victims may also take their cases to civil court. Depending on your situation, you can sue for financial compensation for injuries sustained from domestic abuse. An attorney can help you build your case and explore legal options.
If you are injured because of someone else’s negligent or intentional actions, you generally can sue them for damages, barring special circumstances. This may include acts of domestic abuse, which is often violent, and leaves victims seriously hurt. While it is possible to sue, domestic violence cases tend to be legally and factually complex, making them somewhat difficult to argue in court. Even so, your attorney can try to help you get fair compensation for everything you have endured.
Obtain a confidential, free case evaluation from our Illinois personal injury attorneys by calling the Rhatigan Law Offices at (312) 578-8502.
Can I File a Lawsuit for Injuries From Domestic Abuse?
Although injuries from domestic abuse happen under rather complex circumstances, it may still be possible for victims to file civil injury lawsuits against those who caused their injuries.
Injuries from domestic abuse tend to be tied up in criminal proceedings. The person responsible for your injuries might have been arrested. They might be behind bars right now. Even so, you can file a civil injury claim to recover fair financial compensation.
It is a good idea to hire an experienced attorney as soon as possible. Domestic abuse cases, whether criminal or civil, tend to be complicated and emotionally charged. Your attorney should help you determine the strength of your claims and what kind of compensation you are entitled to.
Personal Injury Claims Related to Domestic Abuse in Illinois
A personal injury claim for domestic abuse injuries may involve many damages, like those found in more common injury claims. Even so, your damages are unique to your case, and your lawyer should help you calculate damages and compensation.
First, our Chicago, IL personal injury attorneys should consider your medical bills. Domestic abuse is often violent, and many victims are seriously injured. Even if you did not report the injuries to the police, you may still recover damages for the medical costs of treatment. When abuse happens over a long time, medical bills may add up to something substantial.
Next, we should think about your lost wages. Many domestic abuse victims take time away from work to recover from injuries. Alternatively, they might avoid work so that coworkers do not see bruises and injuries from the abuse. In other cases, abusers refuse to allow their victims to work or even leave the house, and you might have been forced to quit your job.
Finally, we must consider your pain and distress. Domestic abuse victims often feel a complex storm of emotions. They love their partner but might also be afraid of them. The psychological consequences of domestic abuse may be immense, and you deserve fair compensation.
Emotional or Mental Damages From Domestic Abuse
Personal injury cases tend to apply to those who have suffered bodily harm, but not all domestic abuse involves physical injuries. Mental and emotional abuse are also common and may be included in a lawsuit.
If you were deeply emotionally and mentally abused, you might sue for intentional infliction of emotional distress (IIED). According to the Fifth District Appellate Court in the case of Feltmeier v. Feltmeier, a woman was permitted to sue her husband for IIED for abuse during their 11-year marriage.
In the 1988 case of McGrath v. Fahey, the same court set forth 3 specific elements of IIED that must be proven to state a cause of action. First, the defendant’s actions must be outrageous and extreme. Second, the defendant must have intended their actions to cause severe emotional distress, or they must have known that their actions had a high probability of causing severe distress. Third, the defendant’s conduct must in fact cause severe emotional distress.
There is a chance that your situation meets these elements, as this kind of distress is common in domestic abuse cases.
When to File a Lawsuit for Injuries From Domestic Violence in Illinois
The statute of limitations is a law that restricts a plaintiff’s time to file a lawsuit. The point is to discourage old or remote claims. In Illinois, the statute of limitations for personal injury claims is under 735 I.L.C.S. § 5/13-202 and gives you 2 years to file your case. This law applies to personal injury and IIED claims.
If you were the victim of domestic abuse over a longer period, such as the duration of a marriage, you may include abuse from the entire marriage in your case, even if it occurred more than 2 years ago. The courts may apply something called the “continuing-tort theory.” Essentially, if the abuse occurs as part of an ongoing series or scheme, the statute of limitations runs from the most recent instant of abuse.
How Long Will a Civil Injury Case for Domestic Violence Take?
Exactly how much time it takes to complete your case will depend on your specific circumstances. Many cases involving domestic abuse tend to be complicated and heavily disputed, and they often take time.
Is the defendant facing criminal charges? If you reported the abuse to the police, the defendant might be in custody right now, awaiting a criminal trial. Generally, we may still file your civil case, but it will likely be on hold until all related criminal matters are completed.
Evidence to Support Your Injury Case for Domestic Abuse
To build your case, we need as much evidence as possible. Your injuries from the abuse might have been serious enough to require medical attention, and your medical records may help us prove the extent of your damages. Multiple visits to the hospital for injuries that are common in domestic abuse situations may be very persuasive to a jury.
We should also talk to potential witnesses. For example, friends might testify about how often they saw you with bruises or injuries. Neighbors might testify to overhearing numerous fights.
Your testimony may also be crucial. This may be difficult, but you will likely need to testify in court. There may be certain information or details that only you can talk about, such as emotional and psychological distress.
Receive Legal Support From Our Illinois Personal Injury Attorneys
Obtain a confidential, free case evaluation from our Evanston, IL personal injury attorneys by calling the Rhatigan Law Offices at (312) 578-8502.
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