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A woman who was severely beaten by her husband was awarded more than half a million dollars in damages by a Virginia jury who found him guilty of domestic violence and wanted to make a statement that abuse is intolerable.
Deborah Martin filed the personal injury lawsuit in 2004 against her then husband Ernest John Lofgren after several serious episodes of domestic violence in which she suffered a broken nose, broken cheekbone, dislocated jaw, and severe dental injuries.
According to one juror, Carey A. Williams, “some of te testimony [in the trial] showed us he was cruel and inhumane. I felt she had a right to ask for compensation for the damages he did to her.”
The jury ordered Lofgren to pay Martin $200,000 in damages for her losses and suffering and $350,000 in punitive damages. “We did want to send a message that no matter what the circumstances, nobody deserves that kind of treatment,” said juror Cynthia S. Deatherage.
In some states domestic violence victims rarely resort to filing legal claims for their suffering, experts said. This may be due to a number of reasons including the difficulty in finding a qualified and willing attorney, the reluctance to get involved in the legal system and more.
Martin says it''s the embarrassment victims may feel after an attack. “The shame level is incredibly high. That''s how all your victims feel,” she said. “Maybe that''s why a lot of women don''t pursue personal injury cases.”
However, according to Jeffrey R. Dion, director of the National Crime Victim Bar Association, filing personal injury claims against perpetrators of domestic violence is becoming more and more common. When perpetrators are arrested, victims typically lose their main source of financial support and have no way to pay for counseling, medical help, or a move.
They may also be afraid of the retaliation they might face. While Martin still fears Lofgren, she filed a suit and told her story because she wants to let other victims know “there is help out there. There are legal way to help yourself, and that they need to get out of their situation.”
Are you a victim of domestic violence? Please contact us today to speak with a qualified and caring personal injury attorney about your legal rights and options FREE of charge.