What Are My Legal Rights?

Compensation for Victims of Domestic Torts

When you are harmed by the negligent or intentional act of another person, you have the right to be compensated for your economic and non-economic losses.

The concept of the domestic tort is deeply rooted in common law. When someone harms you, physically, financially or emotionally, you have the right to take legal action to obtain compensation. This applies whether the harmful action was committed by a spouse, partner, acquaintance or stranger.

For example, if your spouse or partner has infected you with an STD, your legal recourse is to commence a domestic tort lawsuit. This is a civil action that may reach its conclusion in a negotiated settlement or at trial in civil court.

The Schoenberg Family Law Group, P.C. represents clients throughout California in all types of domestic tort cases, including the transmission of STDs, and physical assaults by spouses and partners. We represent our clients vigorously, seeking full compensation for all damages, including medical costs, lost income, pain and suffering, and punitive damages.

To learn more about your rights and how we can help you obtain compensation for the wrongs done, call 415.906.3351.

Some facts concerning domestic torts that you should be aware of:

The doctrine of "constructive knowledge" applies — In a California domestic tort case, if the defendant knew or had reason to believe that his or her actions would have caused harm to the plaintiff, then he or she can be held liable.

Statute of limitations — To file a suit in a domestic tort case involving an injury, you must take action within two years from the date of an intentional or negligent injury. The statute of limitations for false imprisonment is one year.

Interspousal tort immunity no longer applies — Under common law, spouses were precluded from suing each other. Under California law, you can now sue your spouse for the intentional or negligent infliction of harm.

A tort action is separate from a divorce — A marital tort action proceeds separately from a divorce. Any award in the tort case is based on the losses suffered, and it is not dependent on compensation received through orders for the payment of alimony or the division of property.

There are many other legal issues in a domestic tort case that will affect the outcome of the litigation. An attorney at our firm can review your situation and provide you with more information about your options.

Contact the Schoenberg Family Law Group, P.C. in San Francisco for a consultation with an experienced lawyer.