If you are in the process of a divorce and you are injured by your soon to be ex, you may be wondering if you can sue for personal injury. If you were abused by your spouse, you can definitely sue, but there can be some complications involved. Even though it used to be impossible, spouses are now allowed to sue each other freely. You will definitely be able to take your spouse to court if they have harmed you in any physical way, even if you are in the middle of a divorce claim.
Proving Physical Abuse
It is usually easier to prove that your spouse injured you physically, rather than emotionally. Generally, physical abuse presents itself visually and is appearing in court. The physical abuse you suffered at the hands of your spouse can also result in mental and emotional suffering. It is very difficult to validate this in court, but possible. Although you cannot prove emotional suffering if you hire a personal injury lawyer they can state that victims of physical abuse routinely suffer from emotional abuse. Timing may be difficult if you are going through a divorce as well as filing a personal injury claim. Divorcing your spouse is a tedious and overwhelming process, so hesitating to file against your spouse because you have a lot on your plate is understandable. However, it might make more sense if you file the personal injury lawsuit before your divorce is finalized because your monetary winnings will be applied directly after your divorce. If you do happen to win your personal injury case before your divorce settlement is finalized, the court will award you with both settlements at the same time. For example, if you are awarded 150,000 dollars from the divorce, and you receive 50,000 dollars from your personal injury case, you will rake in 200,000 dollars when your divorce is finalized. Submitting a personal injury case before your divorce is finalized is advised because it could make the process of collecting your financial winnings much easier.
Contact an Attorney
You may want to contact an experienced divorce attorney, such as from Brandy Austin Law Firm, PLLC, if you are considering pursuing a lawsuit against your soon to be ex-spouse. They can help further assist you in court, in your claim, and make sure that you receive fair compensation in the settlement.