In Canada, reasonable expectation of personal safety is enforced criminally and civilly and in a previous post we already described the implications associated with dishonest sexual assault accusations, defamation of character and the damages in which one might be able to claim should they become such a victim.Perhaps slightly more complicated is understanding the differences between a criminal and civil case, particularly where a criminal prosecution is involved and how a personal injury claim may be affected. It is essential to recognize that legal action following an assault can be pursued in both criminal court and civil court.
Understanding Civil Assault and Personal Injury Claims
An assault occurs when the defendant demonstrates an intended threat, instilling fear or apprehension in the claimant. This explanation typically pertains to cases of a criminal nature. However, assault is often confused with battery. A key distinction is that physical contact is not required for an assault claim—the claimant does not need to have suffered physical injuries.
A claimant who can prove that the defendant intended to commit an act that could reasonably cause apprehension may be successful in obtaining compensation for assault in a civil claim.
Seeking Compensation for Assault in Canada
A personal injury lawsuit may be the most effective way for the victim to not only get reimbursement for possible medical bills and out of pocket expenses that may include reimbursement for housekeeping assistance and personal care, but also compensation for any pain and suffering experienced by the victim. This can be recovered from the person or persons who are legally liable for the incident that occurred. This can extend beyond those accused of committing the assault and can include employers, institutions such as schools and camps, governmental organizations, and in addition, parents.
Time Limits for Filing a Civil Assault Claim
The Ontario Limitations Act s.4 limits the time in which a claimant can bring a claim to two years from the day the claim is discovered. Typically, the civil case proceeds after any criminal proceedings are held but one has to be certain not to possibly lose the opportunity of bringing a civil claim by waiting too long to initiate the claim.
Why You Need an Assault Injury Lawyer
Civil assault cases are complex and require the expertise of a personal injury assault lawyer who can evaluate and guide you through the legal process. At Devry Smith Frank LLP, we have extensive experience handling assault claims compensation and ensuring victims receive the compensation they deserve.
For more information on how we can assist, please e-mail me directly at Marc Spivak or call me at (416) 446-5855 and schedule a free consultation today.
