When an assault or another type of intentional bodily harm happens, there is often a criminal investigation and prosecution. The victim of the incident also usually has a civil claim against the perpetrator to recover compensation for any medical bills and other damages associated with the event. At Maurer Law, our seasoned team of North Carolina personal injury lawyers is prepared to help you protect your legal right to compensation during this difficult and stressful time.
In a recent opinion from the North Carolina Supreme Court, the justices considered a civil claim stemming from a criminal matter. The plaintiff and defendant were long-term domestic partners who separated. They had three shared children.
In September 2010, the woman filed a claim against her former partner in addition to claims on behalf of their three children in her capacity as guardian ad litem. The claims included allegations of negligence, premises liability, intentional infliction of emotional distress, negligent infliction of emotional distress, and gross negligence. The complaint also sought punitive damages. According to her complaint, the woman alleged that the defendant attempted to break into her home and was eventually successful. She alleged that the defendant attacked her by hitting her with a ladder from the attic, thereby causing serious injuries to her head and neck that resulted in permanent injuries. Hearing the noise, the children awoke, came to the scene of the attack, and saw their mother being hit by the ladder.