Is a victim of domestic assult with injurys protected under the law with victims insurance

Asked over 3 years ago - South Amboy, NJ

on may 16 2011police responded to a domestic assult in progress.the victim has a fracture jaw and missing teeth from the assult. the offender was arrested with 35000.00bail. She has no insurance to pay for the medication nor the surgery to wire the jaw..

Attorney answers (3)

  1. Brian McFadden-Di Nicola

    Contributor Level 9

    Answered . If the abuser is convicted of the assault crime, there might be coverage from the victim's compensation board. If the victim files for and obtains a FRO, that statute provides for compensatory damages, which this likely falls under. The victim absolutely needs to speak with a dv attorney ASAP. If you would like additional information, feel free to email me.

  2. David Perry Davis

    Contributor Level 17

    Answered . Well, since it's only April 2011 now, I'd suggest staying in a motel on May 15, 2011 and avoid the whole situation!

    Assuming, however, that you made a typo as to the date, I'd contact the Violent Crimes Victim Compensation Board -- ask the prosecutor for the details; they should have a liaison who can help you and guide you through the process.

    You also could call your homeowners' insurance agent, but I'm not sure if they'd provide coverage or not. I know there's case law on whether an "intentional tort" (like assault) is covered by a homeowners' policy, but I'm not sure as to the state of the law on the issue. The key is to know that it IS an issue and you should look into it -- start with your agent.

  3. Mark M Cheser

    Contributor Level 20

    Answered . I agree with my colleagues. I would also make the prosecutor aware of the medical costs so that this issue can be pursued as part of the disposition against the abuser. good luck.

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