What Are Assault or Sexual Assault Claims
If you have been assaulted or sexually assaulted, you may have a claim for compensation for your injuries. An assault may include hitting, kicking, punching, or pushing. An assault can also be of a sexual nature, such as rape. These types of claims fall within the category of intentional torts.
Understanding Assault or Sexual Assault Claims
Even if criminal charges are not pursued, or the perpetrator is not convicted, a civil claim for assault or sexual assault can still be successful. The burden of proof is different for civil claims as opposed to criminal matters. Therefore, even if the burden of proof is not met for a criminal charge, the burden of proof in the civil system can still be met successfully. The burden of proof in a civil claim is on the balance of probabilities. In other words, the Plaintiff must prove that it is more likely than not that the assault happened and that damages occurred.
The limitation periods for sexual assault claims can be different. The usual two year limitation period may not apply to sexual assault claims. This means that if you are a survivor of a sexual assault that occurred over two years ago, it may still be beneficial to consult a lawyer about a claim..
Compensation for assault may include: treatment and medication expenses, past and future loss of income, general damages for pain and suffering, loss of valuable services, future cost of care, and more. In cases where the assault occurred in humiliating or undignified circumstances, aggravated damages may be appropriate. Punitive damages may also be pursued if the perpetrator’s actions are so egregious as to be deserving of punishment.
Why Hire a New Brunswick Assault Attorney?
Intentional torts can be a complex area of practice and can last for months or even years. It is crucial to choose a personal injury law firm that can support you through the process and get you the compensation you deserve.
It is also essential that the personal injury lawyer you choose has experience in the jurisdiction where the claim will be brought. If you bring a claim in New Brunswick, the lawyer should have experience practicing in New Brunswick, as laws and rules differ between provinces.
You also want a lawyer with experience representing these types of claims before the Courts in New Brunswick. Our experienced litigation lawyers are familiar with the legal rules and can leverage this knowledge strategically during your claim.
Our Experienced Assault Claim Attorneys
There are often special considerations and legal remedies in this area of law. For example, there are court orders that can be obtained to protect the privacy of our clients at different stages of the litigation. There are also court orders that can be obtained to protect the client from any further harassment during the legal process.
These types of claims often involve events that are distressing and traumatizing for our clients. We do everything possible to protect and support our clients at every stage of the claim. Our lawyers are also trained in trauma-informed practices to best support our clients throughout the process.
At Melanson Law, we have over 35 years of experience bringing assault claims in New Brunswick. We practice exclusively personal injury law, and we only ever represent the survivors. We have extensive experience helping injured individuals navigate these claims and securing justice.
Melanson Law offers free consultations over the phone or in person for people who have been injured as the result of an assault or sexual assault. As with all consultations, any discussions are strictly confidential. During the free consultation, we can explain the process for personal injury claims and discuss the types of compensation you may be entitled to.
For those located in Fredericton, a meeting can be scheduled at our Fredericton office. Call our office on our toll-free line anytime, and we can schedule an appointment for your free consultation.