Abbotsford Institutional Abuse Lawyer

Yes, you can start a civil claim if charges have been laid, if the defendant was already found guilty, and even if the defendant was found not guilty in a criminal trial.

A criminal trial focuses on proving that the defendant was guilty of sexual assault. If so, they may be punished through the criminal justice system. The Crown prosecutor retains full control of the entire proceeding.

A civil sexual assault case involves negotiating fair compensation for survivors. We generally also seek written letters of apology from the institution. We want our clients to be in control of the process with our guidance.

There is no limitation. A claim may be started anytime.

We seek compensation for the pain and suffering caused by the assault. This includes impacts on physical and mental health, sleep, ability to relate to people and have relationships in a healthy way, and all other ways that our clients’ lives have been negatively impacted.

We seek compensation for all lost income. Sexual assault almost always impacts someone’s ability to work in some way. Some survivors may find it impossible to work at all. Some may be unable to pursue job promotions, experience a loss of confidence in the workplace, or have trouble finishing school, college, vocational training, etc. For clients who were abused as children, we often look at all the income they have earned throughout their lives and compare it to what they would have earned if the assault had never happened. This can be a very large number.

We can seek compensation for all past out-of-pocket expenses, such as expenses for treatment. We seek compensation for any future treatment needs, such as counselling, housekeeping, and medication. When appropriate, we can also seek punitive damages against the institution for allowing the assault to take place, not reporting the assault, or taking steps to hide that the assault took place.

If a member of your immediate family was the victim of sexual abuse and lost their life as a result, you may be entitled to pursue a claim against the perpetrator. To learn more, schedule a free initial consultation with our sexual abuse lawyers.

In our experience, it is very common for survivors of sexual assault to not report their assault to the police, especially if the assault happened when they were a child. We routinely take on cases where our clients have never reported their assault to the police.

The only evidence we need to prove a civil sexual assault claim is our client’s story of what happened.

To support our client’s case, we also do research into the relevant institution and defendant to find out if there are other survivors who have come forward with similar stories. Usually, there are. We also work with doctors when appropriate to help explain how the assault impacted our client’s life, which further supports and explains our client’s case.

No survivor of sexual assault should worry about not having enough evidence to come forward. Our firm is experienced in proving and settling sexual assault claims even when the assault happened many decades ago and all potential documents have been long destroyed.

It is never too late to report or seek compensation for a sexual assault. There is no statute of limitations for a sexual assault lawsuit. For example, we are often retained by people in their 60s, 70s, and even 80s who were assaulted as children.

The law recognizes that survivors of sexual assault often do not report their assaults for years or even decades after it happened. The law recognizes that survivors of sexual assault deserve justice and fairness no matter when the assault took place.

No. In a typical case, you will never see the defendant. Civil sexual assault lawsuits are generally handled by insurance companies and the defendant has little involvement in the process, if any.

The only time a survivor might see the defendant in person is at trial. It is very rare for a civil sexual assault case to go to trial. If it does, our clients have the option to settle without attending the trial.