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Bucher Law Group, LLC

Waukesha WI victimology lawyerFor almost every crime, there is going to be a victim. Some crimes are more violent than others, but nearly all crime is going to have an effect on someone, somewhere. When it comes to crimes that are committed directly to or in the presence of a person, the risk of sustaining certain types of damages is increased significantly. Many people may not be aware that there are programs available to help with the unexpected costs that victims may incur after a crime is committed. In Wisconsin, there are many situations in which you may be eligible to receive various types of compensation through the state’s Crime Victim Compensation program.

Eligibility Requirements

Victims of certain crimes, family members of deceased victims, those who were injured helping a crime victim or police officer, and those who have been in an accident with an intoxicated driver are all able to file claims with the Crime Victim Compensation program, as long as they meet the eligibility requirements. To be eligible for compensation, the following must be true:

  • The victim's actions did not cause or contribute to their death or injury.

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WI injury lawyerIf you were harmed by someone else’s intentional actions, you may be able to assert your rights, hold the wrongdoer accountable, and recover damages through a civil claim. Personal injury claims often involve injuries caused by negligence or carelessness such as car accident injuries. However, a personal injury claim may also be brought by someone who is injured intentionally. Victimology is the area of law that deals with personal injury claims for victims of assault, abuse, and other forms of intentional harm. A victimology claim may allow you to recover financial compensation for emotional distress and other damages.

Suing for Physical Injuries and Emotional Distress

A personal injury claim is a civil claim that an injured person may use to collect monetary compensation for “damages” or losses that the injured person sustained because of the injury. Damages usually include financial losses such as medical bills and lost income from missed work. Damages may also include non-financial harm caused by the injury including physical pain, mental suffering, and emotional distress. In most personal injury claims, compensation for non-financial damages, such as mental and emotional distress, are only available if the person suffered a physical injury. For example, if a person suffered a broken nose during an assault and battery, that person may be compensated for emergency room bills as well as the pain and suffering he or she endured because of the broken nose.

Suing for Intentional Infliction of Emotional Distress

There are some situations in which a person may be entitled to compensation for emotional distress even if he or she did not sustain a physical injury. Wisconsin law recognizes two different types of emotional distress claims: negligent infliction of emotional distress and intentional infliction of emotional distress. The standard for recovering compensation for emotional distress without a physical injury is much higher than the standard for recovering compensation with a physical injury. To have a valid claim for intentional infliction of emotional distress, you must show that:

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Waukesha County personal injury attorney domestic violence

Individuals who are physically harmed by a romantic partner, family member, or household member may be left with serious injuries – both mental and physical. Traumatic brain injuries (TBI) may be caused by blows to the head, hitting one’s head on the ground, receiving a penetrating injury to the skull, and through other forms of physical trauma. If you sustained a traumatic brain injury as a result of domestic violence, you should know that you have certain rights. You may be able to hold the alleged abusive person accountable for his or her actions criminally and civilly.

Criminal Charges Versus a Civil Claim

Although doing so is often much easier said than done, it is important to call the police after being physically attacked by an abusive person. Doing so enables you to create a record of the abuse and hold the alleged abuser criminally accountable for the harm he or she caused. Criminal charges, however, do not provide financial restitution for the injured victim. A traumatic brain injury can have a dramatic influence on a sufferer’s life. Your TBI may have caused you to suffer from painful and debilitating symptoms such as intense headaches, nausea, dizziness, memory problems, speech difficulties, cognitive issues, depression, sleep disturbances, and more. The injury may have necessitated expensive medical care. Symptoms may even prevent you from working and earning an income. This can create a heavy financial burden. A civil claim may allow you to recover financial compensation for the losses you experienced because of the traumatic brain injury.

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Walworth County personal injury attorney sexual assault

Being the victim of a crime such as assault, sexual assault, battery, or robbery is a traumatizing and complicated ordeal to go through. Many victims do not even realize all of their rights after being injured in a violent crime. Most know that they can contact the police and press criminal charges, but fewer are aware of their right to file a civil claim. Personal injury cases are often associated with accidents such as slip and fall accidents or car accidents; however, a person injured by an intentional act may also bring a personal injury claim against the perpetrator.

Pursuing Legal Action After Being a Victim of an Intentional Tort

Assault and battery are criminal offenses punishable by considerable criminal penalties in Wisconsin. A criminal conviction for assault or battery may bring an offender to justice, but the conviction does little to directly help the victim. If you were hurt in an assault, the experience has likely affected your life in profound ways. You could be facing considerable medical bills and ongoing medical needs because of your injuries. You may also be unable to work while you are recovering from the physical and mental harm caused by the attack. A personal injury claim may enable you to recover compensation for these and other costs. It may also serve as a means of holding the perpetrator accountable for the harm that he or she caused you.

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Dodge County personal injury attorney domestic abuse

Domestic violence is a serious issue in Wisconsin, with nearly 30,000 incidents reported to law enforcement each year. Many of these incidents result in criminal convictions for charges ranging from misdemeanor battery to Class A felony murder, but these convictions may offer little comfort to abuse survivors who are left to cope with injuries and their lasting effects. If you have been the victim of domestic abuse, you may need an attorney who can help you pursue compensation through a victimology claim in civil court.

How to Pursue a Civil Lawsuit Against an Abuser in Wisconsin

A victimology lawsuit is similar in some ways to a personal injury lawsuit you might file after a car accident. You will need to prepare evidence to demonstrate to the court that your injuries were caused by the actions of another person and that you have incurred significant damages and expenses as a result. In order to present a strong case for full compensation, you should also keep a record of all damages related to your injuries, including medical expenses, lost wages, emotional distress, in addition to pain and suffering.

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