Domestic violence can leave consequences that continue long after an assault ends. A survivor may require extensive medical treatment, miss work, live with permanent injuries, or need ongoing care for the emotional and psychological effects of what happened.
The criminal justice system can prosecute and punish the person responsible for the violence. But criminal proceedings do not necessarily address everything the survivor has lost. In some circumstances, Virginia civil law may provide another avenue through a personal injury lawsuit against the person who caused the harm.
Nearly 20 years ago, MacDowell Law Group, P.C. attorney Richard F. MacDowell Jr. helped Virginia domestic violence survivor Deborah Martin pursue such a claim. Her case ultimately resulted in a $550,000 jury verdict and drew national attention to the role the civil justice system can play in domestic violence cases.
In September 2003, Deborah Martin was violently assaulted by her husband, Ernest John Lofgren, in their Fairfax Station home.
According to a 2006 Washington Post account of the case, Lofgren pinned Martin to the kitchen floor and repeatedly struck her. The attack left Martin with devastating injuries, including a broken cheekbone, broken nose, dislocated jaw, and serious dental damage.
Lofgren later pleaded guilty to assault and battery and served eight weeks in jail. The couple subsequently divorced, with a court commissioner attributing the breakdown of the marriage to the husband’s “barbaric treatment of the wife.”
But the criminal case and divorce were not the end of the legal proceedings.
Before the divorce was finalized, Martin filed a civil lawsuit against Lofgren. Richard F. MacDowell Jr. and attorney Mehagen McRae represented her in that case.
At trial, Martin’s attorneys sought compensation for her actual financial losses and her pain and suffering, as well as punitive damages based on the nature of the conduct. In August 2006, a Fairfax County jury awarded Martin $550,000.
The case later received national attention, including in an NPR interview with Martin. It illustrated an important distinction that remains relevant for Virginia survivors today: a criminal case and a civil personal injury lawsuit serve different purposes.
The government brings a criminal case. Its purpose is to determine whether a crime occurred and, if the defendant is convicted, impose criminal consequences such as incarceration, probation, or fines.
The injured person brings a civil personal injury claim. Rather than focusing on criminal punishment, the lawsuit addresses the harm that the wrongful conduct caused that individual.
Depending on the circumstances, damages in a civil claim arising from an intentional assault may include:
Punitive damages may also be available in certain Virginia cases involving particularly egregious conduct.
Martin’s experience demonstrates why that distinction matters. Her former husband had already faced criminal consequences for the assault. Her civil lawsuit separately addressed the substantial physical, emotional, and financial harm she personally suffered.
Domestic violence cases can involve significant medical and psychological consequences that extend far beyond the immediate assault.
In Martin’s case, the physical injuries alone were extensive. She required treatment for serious facial and dental injuries, while the effects of the attack also extended to her emotional well-being. Those consequences were distinct from the question of whether her husband should be criminally punished.
Her lawsuit also reflected a broader principle. A person who intentionally causes serious injuries may face both criminal consequences imposed by the government and civil liability to the person harmed.
However, the availability and value of a civil claim depend on the case’s specific facts of the cases.
The fact that an assault occurred does not automatically make a civil lawsuit straightforward.
Evidence must establish both the underlying claim and the damages caused by the wrongful conduct. Depending on the case, relevant evidence may include photographs, medical and dental records, psychological treatment records, witness testimony, police reports, evidence from criminal proceedings, employment records, and other documentation.
There are practical considerations as well. Winning a judgment and collecting it are different issues. When determining whether civil litigation is a meaningful option, you may need to evaluate a defendant’s assets and other potential sources of recovery.
Timing is also critical. Virginia generally requires personal injury lawsuits to be filed within two years after the cause of action accrues, although exceptions and tolling provisions can affect that deadline in particular circumstances.
When a criminal prosecution arises from the same facts, for example, Virginia law provides that the period during which the prosecution is pending is not counted toward the limitations period for certain civil actions.
A survivor should therefore not assume that a criminal prosecution, protective order, divorce, or another legal proceeding automatically preserves the right to bring a separate civil claim.
No civil lawsuit can undo an act of domestic violence or erase the physical and emotional consequences of an assault.
But Deborah Martin’s case showed that criminal prosecution does not necessarily reflect the full range of legal remedies available. After enduring an assault that caused serious facial, dental, and psychological injuries, Martin pursued a separate civil action focused on the harm she had personally suffered.
A Fairfax County jury ultimately awarded her $550,000.
Nearly two decades later, her case remains an important example of how Virginia’s civil justice system may provide another avenue for survivors seeking to hold the person who injured them financially accountable.
MacDowell Law Group, P.C. represents individuals in Fairfax and throughout Northern Virginia who have suffered serious personal injuries because of another person’s negligent or wrongful conduct.
If a spouse, former spouse, partner, family member, or another person intentionally injured you, our attorneys can evaluate what happened and explain whether Virginia civil law offers another avenue to seek accountability and compensation.
Contact MacDowell Law Group, P.C. to discuss your circumstances and the legal options that may be available.
