In Washington, domestic violence cases lead to criminal charges, but they don’t end in a conviction every time. The cases also lead to divorce when a spouse is a victim. If the aggressor isn’t convicted, then the victim is less likely to receive compensation for their injuries and financial losses. A personal injury lawyer in Port Orchard helps victims of domestic violence seek damages in a civil case.
How Severe Were the Victim’s Injuries?
Minor injuries don’t always equate to a viable case. However, more profound or life-altering injuries do. The plaintiff needs medical evidence and details collected during the criminal investigation to support their claim against their aggressor. During a criminal investigation, the officers take photographs of the victim’s injuries. The images provide an exact picture of what the victim endured.
What Did the Victim Lose?
In a civil case, the victim isn’t accusing the defendant of a criminal act. However, they are seeking financial damages for their losses. The result of the attack includes physical and potentially psychological injuries. The medical treatment for the injuries generates high costs for the victim, too. If they were out of work because of their injuries, then the victim presents income statements that show all the wages they lost.
Does Insurance Coverage Apply?
In some cases, the health insurance coverage for the victim’s injuries is considered. While the aggressor caused the injuries, health insurance policies cover some of the costs. If the victim has insurance coverage, then their award could be lowered to reflect what the insurance paid.
Calculating Restitution Received and Comparing It to Financial Losses
If the aggressor was convicted of domestic violence, then it is possible that they were required to pay restitution. When calculating a monetary award, the court could compare how much the victim receives in restitution to their lawsuit requests. The court could lower the award according to how much restitution the victim has received.
In Washington, domestic violence-related injuries are actionable in civil court. The injuries produced during the attack generate financial costs for victims. A civil case helps victims acquire compensation for their financial losses. Victims who want to learn more about their cases can contact us to speak to a personal injury lawyer in Port Orchard right now.
