ASSAULT LAWYER
If you or a family member is the victim of a physical or sexual assault, the path to recovery and justice can be daunting. At Wallace Smith LLP, we are here to help, specializing in assisting victims of assault in seeking the compensation they deserve. Our focus is on providing comprehensive legal support to help victims navigate their claims and achieve a fair resolution. With our expertise and commitment, we aim to alleviate the burdens of legal and emotional challenges, ensuring that your rights are upheld and that you receive the support you need during this difficult time.
Commonly Asked Questions About Assaults
Can I Sue for Sexual Assault or Physical Assault?
Yes. Individuals are entitled to sue for both sexual assault and physical assault. In civil law, as opposed to criminal law, sexual assault and physical assault both fall under the umbrella of a civil tort called battery.
Am I Out of Time to Sue for Sexual Assault or Physical Assault?
For historical sexual assault cases, there is no limitation period to commence a lawsuit.
For historical physical assault cases (not including sexual assaults), there is no limitation period to commence a lawsuit where the victim was a minor, or had an intimate relationship with the perpetrator, or was financially, emotionally, physically, or otherwise dependent on the perpetrator. In such cases, it does not matter when the assault or battery took place. The victim has a right to sue, even if the assault occurred decades ago.
Is a Criminal Conviction Against the Assailant Necessary to Sue?
No. Criminal charges or a conviction are not necessary to be successful in a civil lawsuit. The criminal and civil processes are different and the standard of proof in criminal cases is higher than the civil standard. The criminal standard requires the Crown to prove the offence beyond a reasonable doubt, whereas the civil standard only requires proof on the balance of probabilities i.e. is it more likely than not that the assault occurred. Although corroborating witnesses can be helpful for assault lawyers to establish civil liability, they are not necessary.
What are Victims of Sexual Assault and Physical Assault Entitled To?
Assault victims are entitled to recover compensation (known as “damages”) for pain and suffering, which includes both physical and psychological symptoms. The emotional trauma from an assault often lasts much longer than physical injuries. Depending upon the nature of injuries suffered, assault victims can also be compensated for past and future loss of income, including loss of competitive advantage, past and future healthcare and treatment costs, including psychological treatment and counselling, out-of-pocket expenses, as well as housekeeping and home maintenance costs. Punitive damages can also be awarded in assault cases.
Can I Still Sue for Physical Assault for a Fight?
Nobody consents to suffering a serious injury. Consenting to a fight, however, muddies the waters. In fight cases, the courts may find that although someone might have consented to the fight, they did not consent to becoming seriously injured in the fight. Accordingly, consent for a fight is not necessarily a complete defence to a lawsuit where the victim has suffered serious injuries.
What if the Assailant has Died or Doesn’t have any Money?
In some cases, an institution, organization, or company may be found responsible at law when an assault is committed by their agent or employee. That liability does not go away because the assailant has died or cannot be located.
In cases where the assailant is an individual without “deep pockets,” recovering damages can include garnishing wages, garnishing bank accounts, and registering a lien and forcing the sale of property they own. Filing for bankruptcy does not insulate an assailant from a judgment for damages arising from an assault.
How Can We Help?
Wallace Smith lawyers can assist assault victims not only getting the compensation they deserve but can also assist by helping to identify and secure treatment for assault victims to help them move forward with their lives.
If you or a family member has been the victim of a sexual or physical assault, contact a lawyer for assault victims at Wallace Smith law firm for a free initial evaluation to see if our legal assault representation is suited for you. In appropriate cases, we offer contingency fee retainers meaning you do not pay unless we recover money on your behalf.