You Can Sue Your Abuser?

Are you a victim of domestic abuse? If so, you may not realize that, in many cases, abusers can face both criminal and civil charges. According to civil law in the state of Maryland, when someone causes harm intentionally or due to carelessness, the victim may be compensated.  In addition to addressing medical bills and lost wages, punitive damages may be awarded to deter such behavior in other people.

Tort Law 

Legally speaking, a tort references any harmful actions directed at another person. That harm is limited to just physical attacks; even financial or emotional harms are included. In a situation involving domestic violence, it would likely qualify as an intentional tort.  As the name implies, deliberate actions that result in harm to someone are included under this heading.  Some of the activities that might be considered intentional torts include:

• Threats;
• Rape;
• Assault;
• Defamation;
• Stalking;
• Passing an STD;
• Battery;
• Interference in one’s economic activity (such as by making false statements, for example);
• Destruction or stealing property.

Standard of Proof 

While criminal courts require proof beyond a reasonable doubt, the standard in a civil case is proof demonstrating the case that is more probable than not. It will be important for a plaintiff to demonstrate the following:

• Intent: There must have been an intention to cause emotional, physical, or financial harm:
• Extreme/outrageous behavior: The actions of the defendant must have exceeded acceptable standards in American society, and essentially outside modern principles of decency.
• Causation: The conduct of the defendant must be the direct cause of the plaintiff’s injuries.
• Harm: The harm must be substantial.

 Interspousal Tort Immunity 

Years ago, the courts considered spouses as a single entity, making it impossible for one spouse to sue another. However in Maryland the interspousal tort immunity doctrine has been discarded more recently.

Understanding Punitive Damages

 While compensatory damages are awarded to deal with real costs associated with the abuse, punitive damages are intended to address the malice a defendant has exhibited, and to discourage others from engaging in similar behavior.

Can Survivors Sue for Wrongful Death? 

Yes—wrongful death claims that are based on the intentional harm meted out by a defendant can be successful. Primary beneficiaries of such a case would include the decedent’s spouse, children, or parents. Others with blood-relationships who have relied on the decedent to a substantial degree could pursue wrongful litigation if there are no primary beneficiaries.

Pursuing Justice 

No amount of money could adequately compensate one who has suffered the willful abuse of an intimate partner, but it can certainly go a long way toward making things better. To discuss the possibilities, schedule a confidential consultation with the accomplished La Plata personal injury attorneys at The Law Office of Hammad S. Matin, P.A. in our office today.