In most cases, you can pursue compensation for any injuries caused by another person’s negligence. However, the law is a lot less clear when it involves seeking compensation if the person who injured you is an ex-spouse. Before, a husband and wife were through to be one person. The laws have changed since then, and they are not always consistent.
Does Interspousal Tort Immunity Still Apply?
Years ago, a husband and wife were considered to be one person from a legal perspective, so they could not sue each other. This law was created to safeguard marital harmony and the privacy of children who may have been involved in a domestic dispute. These days, this concept doesn’t apply in any federal, state or local jurisdiction.
How Do Courts Treat Claims Against Former Spouses?
Although it’s possible to bring a lawsuit against your ex-spouse, the court may be hesitant to take your side, especially if you claim your ex-spouse caused you emotional distress. In the majority of marriages, at least one spouse has suffered from mental anguish.
What Types of Claims Can Be Made?
If you were the victim of assault or battery, you have the right to make a personal injury claim against your ex-spouse. You may also be able to make a claim if there has been false imprisonment or economic fraud.
How Do You Prove Negligence?
If you plan to file a personal injury claim against your former spouse, you have to prove that he or she was negligent in some way. For example, you might be able to prove to the court that your ex-spouse punched you in the stomach while you were pregnant. This action would be considered negligence because your former spouse knew or should have known that the action would injure you.
You must also prove that you endured financial damages from the action. You can do this by showing copies of your medical bills.
If your ex-spouse injured you, you have the legal right to file a personal injury lawsuit against him or her. Schedule a consultation with an experienced divorce lawyer Phoenix AZ locals trust to find out more about your legal rights and the best way to proceed. He or she may evaluate all of the factors in your case and help you build the strongest case possible against your former spouse.
Thanks to our friends and contributors from Hildebrand Law for their insight into divorce law and practice.