Brampton Civil Sexual Assault Lawsuit Lawyer

Lawyer for those seeking to obtain financial compensation or sue for sexual assault in Brampton, Ontario.

Victims of all forms of sexual assault can sue their assailants for financial compensation. In Peel Region (Brampton and Mississauga) lawsuits are filed in the Superior Court of Justice located at 7755 Hurontario St, Brampton. This lawsuit process is commenced by filing a “Statement of Claim” at the courthouse and serving it on the perpetrator.

Like other forms of personal injury cases, sexual assault lawsuits usually start with the victim’s lawyer sending a demand letter to the assailant with an offer to settle. If no settlement is reached, the case will proceed to trial (civil litigation). Many cases also settle after a lawsuit is commenced.

While each case is different, our lawyer will attempt to settle the case before civil litigation takes place.

Some defendants will choose to pay a civil settlement up front to avoid the trial process. This limits their exposure to a predetermined agreed amount. Since sexual assault civil lawsuit judgements can be for millions of dollars, the risks to the respondent when served with a lawsuit are tremendous.

Sexual assault civil lawsuits are useful for victims looking to receive compensation for:

1. Pain and suffering
2. Lost earnings and diminished earning capacity
3. Recovery of medical and other expenses

The financial losses suffered by victims of sexual assault can be tremendous. The amount of money awarded (damages) to the victim includes compensation for the mental anguish they experienced and all legally compensable losses stemming from it.

Many sexual assault victims are diagnosed with mental health conditions such as PTSD, depression and anxiety that negatively impact their ability to work. They may be left functionally disabled and unable to earn a living. If the victim is still able to work, their earning capacity may have been diminished, which is also compensable. No physical injuries are needed to sue for sexual assault.

How does the victim prove they were sexually assaulted? Isn’t it just one person’s word against the other?

Civil sexual assault cases are often one person’s word versus the other. It is important to note that in the civil context the standard of proof is a balance of probabilities. This means that if the court (judge or jury) believes it is more likely than not (50%) that the sexual assault took place this is sufficient to order damages be paid.

Oral evidence alone (your statement under oath) is sufficient for civil courts to award financial compensation if found credible and reliable. In some cases, there will have already been a criminal conviction and finding of guilt based on the word of the complainant alone.

Civil lawsuits in cases where criminal charges have already been laid by the police.

If the perpetrator has already been criminally charged by the police and found guilty this may be helpful to the civil litigation process, but it is not required for us to successfully sue. The victim does not need to report what happened to the police. Please see our article on compensation where no criminal charges are laid for more information.

The standard of proof in the criminal court is much higher than in the civil (lawsuit) court. Having a finding of guilty registered in criminal court allows the victim to say that it is no longer an “alleged sexual assault”, but that a sexual assault legally has taken place.

In some cases the perpetrator may have been found guilty and already have served their sentence. This does not prevent the victim from suing. If anything, it bolsters their case as described above.

Victims can still sue for sexual assaults that occurred a long time ago (historical incidents)

Whether the victim was sexually assaulted recently or many years ago (decades even) they can still sue. The courts have ruled that given the tremendous trauma sexual assault causes to victims litigation is always a potential remedy.

Victims of sexual assault who are interested in suing or obtaining financial compensation should start this process immediately especially in cases where the defendant may become judgment proof.

Victims of child sexual abuse can also sue or obtain financial compensation decades later in some cases. For more information, please see our article on suing for child sexual abuse in Brampton.

Judgments and collecting money from the assailant or vicariously liable third parties

Once a settlement or judgment is obtained the victim must take steps to recover the money from the assailant. In cases where the assailant is poor this may be impossible (you can’t get blood from a stone) absent a situation of vicarious liability. In cases of vicarious liability, a third party such as an employer, school, or insurance company may be legally liable to pay the victim.

If the assailant has assets, such as real estate, retirement savings, pensions, etc. we can apply for judgment enforcement against these assets if the accused refuses to pay. A court order can be used to force dispositions and the transfer of assets by financial institutions from the assailant to the victim.

How much does it cost to hire a lawyer to sue for sexual assault?

Every lawyer is different, but our sponsoring lawyer Lenny Hochberg takes cases on a contingency fee basis. Contingency fees mean the lawyer will receive a percentage of the overall settlement as their legal fees (approximately 1/3rd is standard in Ontario). This allows victims to sue without incurring large financial costs up front.

In cases where the assailant has assets (house, pension, savings accounts) or there is vicarious liability (employer, insurance company etc.), a contingency fee arrangement will allow the lawyer to take on the case knowing they will be paid if ultimately successful. Unfortunately, if the assailant has no known assets, and no third party is vicariously liable, a contingency fee arrangement may not make financial sense for the lawyer.

If collecting the judgment/settlement is expected to be problematic, some lawyers will insist on an hourly rate and upfront retainer to ensure they are paid for their time. Why sue someone who has no assets or money to collect? Some victims will still want to sue and obtain a judgment even if the assailant has no assets to go after. The victim may be able to collect later if the assailant inherits property or otherwise comes into money in the future.

If you have been sexually victimized, or sexually abused as a child, our lawyer can help you.

If you have been sexually assaulted in Brampton, Ontario and are interested in suing civilly or otherwise obtaining financial compensation, please give lawyer Lenny Hochberg a call now at 416-524-8321 or email lenny@lawonpoint.com for a free case assessment.

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