(416) 943-6585 joshua@jgoldberglaw.ca

Sexual and Physical Abuse Claims

by | Feb 2, 2022 | Personal Injury

Sexual and physical abuse cause unimaginable trauma to their survivors. If you or a loved one is suffering, you can consult an experienced legal team to help you through your physical abuse claims so you can receive compensation that may include expenses, lost income, pain and suffering, emotional anguish, and loss of enjoyment of life.

Sexual or physical abuse is devastating on many levels. The recovery, both physical and psychological, can be a lengthy, difficult, and painful. Not only do survivors have to deal with their immediate trauma, but many long-term implications can be cause for a bumpy road to recovery. These include, but are not limited to depression, post-traumatic stress disorder (PTSD), anxiety, trust issues, and impacts on employment and education.

The Many Forms of Abuse

Abuse can take numerous forms, and the type of abuse a victim has faced will often have legal and other ramifications. The forms of abuse include but are not limited to: (1) a single violent attack, (2) an ongoing abusive relationship, (3) any non-consensual sexual act, (4) threats (verbal and / or non-verbal), (5) intimidation, (6) verbal abuse, (7) abuse of power by a superior, or by someone who was in a position of power / trust at the time of abuse.

Are You or a Family Member A Victim of Sexual or Physical Abuse?

What should you do if you or a family member is undergoing sexual or physical abuse? That’s a loaded question. Some steps to take include:

  • Calling 911 and describe what is happening. Even if you can’t speak – stay on the line.
  • Create noise to encourage neighbours to call the police
  • If you have children, teach them to call the police
  • Locate sexual and physical abuse support services in your community and plan to leave (with children if you have) once you have a safety plan in place.
  • Speak to a personal injury attorney to explore your legal options and discuss filing sexual or physical abuse claims.

Your Legal Options for a Sexual or Physical Abuse Case

As a victim, you have the option to either file criminal charges, which may put the assaulter(s) in jail, or you can file a civil lawsuit against them which seeks financial compensation. The former may be punishable by many years, and possibly even decades, in prison. One of the main reasons for filing sexual or physical abuse claims is to receive justice for the wrongful acts committed. Another is to protect society from such a person committing the act (or a similar act) again.

Your Legal Options for a Sexual or Physical Abuse Case

What Compensation Could You Receive in Sexual or Physical Abuse Claims?

Every case will have different circumstances and outcomes. A successful civil lawsuit would mean receiving financial compensation against the assaulter(s) in court. This usually involves gathering evidence that shows that the victim faced physical, emotional, and / or psychological abuse. The kind of compensation that you can receive may include the following: medical expenses, lost income, pain and suffering, emotional anguish, and loss of enjoyment of life.

What Compensation Could You Receive in Sexual or Physical Abuse Claims?

Every case will have different circumstances and outcomes. A successful civil lawsuit would mean receiving financial compensation against the assaulter(s) in court. This usually involves gathering evidence that shows that the victim faced physical, emotional, and / or psychological abuse. The kind of compensation that you can receive may include the following: medical expenses, lost income, pain and suffering, emotional anguish, and loss of enjoyment of life.

Statute of Limitations

The Ontario’s Limitations Act (2002) states that there is no limitation period for certain listed situations. This means there is no time limit after an event occurred where legal proceedings must begin to proceed. These situations include the following. (1) A proceeding based on sexual assault. (2) A proceeding based on any other misconduct of a sexual nature if, at the time of misconduct, the person with the claim was a minor OR any of the following apply: the other person had charge of the person with the claim; or the other person was in a position of trust / authority in relation to the person with the claim.

Take Legal Action in the Case of Physical or Sexual Abuse

Sexual and physical abuse can leave a victim irreparably damaged in numerous ways, and as such, the courts take these kinds of actions very seriously. As mentioned earlier, one option is for the victim to bring a criminal charge against the perpetrator(s), which will usually involves jail time for the aggressor(s). The other option is for the victim to bring a civil claim, which also involves financial compensation.

If you believe that an incident of sexual and/ r physical abuse has occurred to you, or to someone you love, it is prudent to call a personal injury lawyer such as Joshua Goldberg, whose experienced will help you navigate your claim and allow you to receive the compensation and respect you deserve.

Call or email us today for a free case assessment and consultation: 416-943-6585, info@jgoldberglaw.ca. Don’t wait – contact us right away to discuss your options.

Categories

Recent Posts