Legal Question in Personal Injury in Massachusetts
Domestic Violence and Permanent Injury
I was married two times to physical abusers from 1979-1992. The first relationship lasted three years, the second lasted 9 years. During both relationships I was beaten about the head on a continual basis. I was knocked out many times, thrown down stairs, head smashed into walls, etc. I began suffering major headaches in 1978 (during my first relationship). The headaches were finally diagnosed as migranes and treated as such for the following 22 years. Treatment was unsuccessful. I recently was examined by a top Nuerologist who specializes in headaches. After reviewing my history and upon careful examination, he diagnosed me with cerviogenic headaches (nerve damage under the bone at the base of my skull) and damage to the Cervical spine C-1 and C-2. The cause: constant blows to the head and a "whiplash effect." I was treated with two Lidocaine shots under the bone in the back of my head. It appears that surgery is the next step.
My question: Can either party be held legally responsible in any way for the damage they caused? I have witnesses to include a therapist to whom the second husband confessed his brutallity. Thank You.
2 Answers from Attorneys
Re: Domestic Violence and Permanent Injury
You present an interesting question that raises several issues. The first obvious issue is the statute of limitations. Cases usually have deadlines within a few years of when you first knew or should have known of the harm caused by the wrong of another. Many cases say you don't have to appreciate the extent of the harm to start the clock running, you just have to know you've been harmed.
The next obvious issue is - do either of these guys have any money to pay even if you were to win a judgment against them?
Because of that statute of limitations issue, you should contact a lawyer without delay. Also, you should know that by my answering your post on the bulletin board, you have not hired me.
Best wishes with this difficult problem.
Charles W. Cobb
Re: Domestic Violence and Permanent Injury
You say you had headaches since 1978 and then say you suffered abuse during marriages from 1979 forward. Obviously there's a question of cause and effect! I suspect you mistyped something.
I'd like to talk to the therapist but I'm not sure we could use his testimony in court.
You say that you recently saw the neurologist; do you mean it was in this year, 2000?
Where did you live during these marriages? Do you know where these men can be found?
Contact me by e-mail directly with answers to each of these questions and I'll see if I can help you any more.
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