Assault involves intentional, unintentional, unwanted physical or sexual contact. People who assault others often face prosecution in the criminal courts for their actions. When the assault causes the victim to suffer personal injury, the victim is entitled to recover personal injury compensation through the civil courts.
Our courts have held that not only is the person committing the assault responsible for compensating the victim, but anyone who exercises control, supervision or employs the assailant may also be held responsible. Schools, churches, those responsible for improperly supervised events, concerts and gatherings, bar and tavern owners and negligent parents all owe a duty to take care to prevent assaults. Where they fail to do so, they may be responsible for injury. Normally, their insurers will pay the injured person’s compensation.
In Ontario, assault victims who suffer serious and permanent injuries can recover damages compensating them for all of their losses, including their pain and suffering, their past and future lost income, their extraordinary future health care and home maintenance costs, and their out of pocket expenses.
Time limits govern when you must notify the responsible parties that you intend to bring a claim and they govern when you must start your claim for compensation. These time limits can restrict your rights to recover your losses. Not everyone is entitled to claim compensation from the person who committed the assault. Each claim is different. Assessing your injuries, identifying those responsible for the assault and determining the value of your claim requires analysis by an experienced assault lawyer.