Filing a Personal Injury Claim for Domestic Violence

A person who harms or threatens to harm another household or family member will be charged with domestic violence in South Carolina. The penalties will depend on the circumstances behind the event, with the most severe charge under state law being subject to 20 years in prison. Although the state does have a Crime Victim Compensation Fund to compensate victims for their financial losses, this does not provide you with compensation for the entirety of your losses.

Unless you have experienced it, it is difficult to understand the physical and emotional distress that a victim of domestic violence experiences. At The Law Offices of L. Morgan Martin, P.A., our Conway, SC, personal injury lawyers believe that justice is not served until you are compensated fully for your losses. In this blog, we provide an overview of filing a personal injury claim for domestic violence and what must be established to prove the other party’s liability.

Litigation Process in Conway, SC

In filing a personal injury suit, it is important to understand that there will be multiple stages of your lawsuit. A personal injury lawsuit begins when a plaintiff files a Summons and Complaint with the clerk of court. A copy of the Summons and Complaint is filed with the defendant, who has thirty days to respond from the date of service. Once initial pleadings are filed, then both sides will exchange information through the discovery process.

Discovery is a pre-trial stage in which both sides exchange information that they intend to use in a trial. In a domestic violence claim, discovery consists of four parts:

• Interrogatories: A set of written questions sent to the opposing party
• Depositions: Out-of-court testimony in which each party and witnesses are questioned under oath, with their answers being recorded by a court reporter
• Requests for admission: A Set of statements sent to the adverse party asking that the party admit or deny the veracity of the statements
• Requests for production: Requests sent to opposing counsel asking for electronic documentation and other physical evidence pertinent to the case

Establishing Liability in a Domestic Violence Personal Injury Case

Unlike criminal proceedings that require that you prove the defendant’s guilt beyond a reasonable doubt, civil cases have a different standard. In a domestic violence personal injury suit, you must establish that it is “more likely than not, that your aggressor intended to cause you harm or attempted to harm you. Known as the preponderance of the evidence standard, a successful outcome involves the plaintiff showing that it is more than 50% likely that their version of the story is true.

Collecting relevant and convincing evidence is key to a successful outcome in a personal injury suit. In a domestic violence case, physical evidence may include bloody clothing, DNA evidence, or a broken window or any form of damaged property. Gathering the necessary evidence and building a compelling case is best left to the services of an experienced and skilled personal injury lawyer.

Contact a Conway, SC, Personal Injury Lawyer Today

As a victim of domestic violence, you deserve compensation for the medical care, lost wages, and emotional suffering you sustained. While the circuit solicitor (district attorney) may pursue criminal charges, this does not come close to what is rightfully owed to you.

At The Law Offices of L. Morgan Martin, P.A., we strive to help victims of domestic abuse become “whole again,” finding their true voice. If you or a loved one has been harmed by a family or household member, our Conway, SC, personal injury attorneys would like to speak with you. To schedule a meeting with an attorney, contact us online or give us a call at (843) 248-3177 today.