Assault Claims: What You Need to Know

Assault can upend your life in ways you never imagined. Physically. Emotionally. Financially. But what many don’t realize is that there’s more than one way to seek justice. You’ve likely heard of criminal charges for assault, but civil claims? That’s a whole other path.

Here’s the key difference: criminal cases focus on punishment. Civil claims focus on you — your pain, your losses, your recovery.

In a criminal trial, the Crown attorney has to prove the accused’s guilt beyond a reasonable doubt. It’s a high bar, and sometimes the evidence just doesn’t meet it. Civil claims? A lower standard applies. It’s not about proving guilt but showing that the harm more likely than not happened.

This matters. Because even if criminal charges go nowhere, civil assault claims can still help you move forward. They’re about holding the offender accountable and getting compensation for your suffering. Let’s explore what this really means — and how it could work for you.

 

What are the Grounds for an Assault Claim, Sexual Assault Claim, or Abuse Claim?

When it comes to domestic assault, aggravated assault, or sexual assault cases, it’s not just about bruises. The law recognizes more than physical harm. Emotional damage, psychological trauma, threats — these count too.

At its simplest, assault happens when someone intentionally causes bodily harm (or threatens it). But it can escalate. Sexual offences, such as sexual abuse, for example, involves any unwanted sexual contact, sexual touching, or sexual advances. Domestic violence? That’s another layer, often with patterns of abuse that leave scars far deeper than skin.

Abuse claims also include harassment and emotional manipulation. It’s not always obvious, but if someone has harmed you — physically or mentally — you may have grounds for a claim. 

The law doesn’t care where it happens: a bar fight, a family dispute, or even during a sports game. What matters is whether harm was caused. And whether it was intentional. If you’ve been hurt, don’t dismiss it. You have options.

 

Civil Assault Claim Example

Sometimes the clearest lessons come from real cases.

Take this recent Ontario Superior Court decision. A woman, B.L., sued her former partner, J.S., for domestic assault and battery. The abuse? Physical, sexual, emotional. The defendant didn’t even bother responding to the claim.

The court sided with B.L. Justice Marc Smith accepted her evidence — all of it. He saw the deep, lasting harm caused by the abuse. 

• General damages of $75,000 for her physical and psychological suffering.
• $25,000 in aggravated damages due to the nature of the abuse. 
• $15,000 for loss of earning capacity.
• The court recognized a subrogated claim under the Ontario Health Insurance Plan (OHIP) amounting to $3,885.76
• The court also awarded interest on the general damages at a rate of 5 percent per annum from September 16, 2016, resulting in an additional $28,808.22.

This case is important. Why? It shows how civil claims can deliver justice, even when the criminal justice system falls short. It’s about more than money. It’s about accountability.

 

What Types of Compensation Can You Get From an Assault Claim?

Money can’t undo what happened. But it can help you rebuild. Civil assault claims focus on compensating victims for the harm they’ve suffered.

Here’s what you could claim:

1. General Damages: Pain, suffering, loss of enjoyment of life. The physical and emotional toll of an assault isn’t easy to measure, but courts do their best to compensate fairly.
2. Special Damages: These cover actual financial losses. Therapy bills. Hospital stays. Missed paycheques. If it cost you money, you can claim it.
3. Aggravated Damages: When the harm is particularly cruel or degrading, courts may award additional compensation to reflect the increased emotional suffering.
4. Punitive Damages: This is about punishment. If the offender’s actions were especially malicious, the court might order them to pay more as a deterrent.

Every case is different. What’s fair in one might not be in another. That’s why having an experienced legal team matters. They’ll ensure nothing gets overlooked.

 

How a Personal Injury Lawyer Can Help

Assault claims and civil sexual assault lawsuits are complex. Gathering evidence, documenting injuries, navigating court proceedings — it’s a lot. And when emotions are high, it’s even harder. A lawyer does more than just file paperwork. They fight for your rights.

Here’s how they help:

• Building Your Case: They’ll collect evidence, secure witness testimony, and ensure your injuries are properly documented.
• Focusing on You: While you focus on recovery, they’ll handle the legal heavy lifting.
• Maximizing Compensation: A lawyer knows how to calculate damages — even ones you might overlook, like future lost wages or therapy costs.

More than that, they’ll be your advocate. They’ll guide you through the process, explain your options, and make sure you never feel alone in this fight.

 

McNally Gervan – Supporting You Through Life’s Toughest Challenges

At McNally Gervan LLP, our team is dedicated to helping clients through a wide range of personal injury cases. Whether it’s a car accident, a slip-and-fall injury, or a long-term disability claim, we understand the challenges you’re facing.

Injuries can disrupt every part of your life. Lost income. Pain that doesn’t go away. Endless paperwork. We’re here to lighten the load. Our legal team has the experience and determination to secure the compensation you deserve so you can focus on what really matters: recovery.

We handle a wide variety of cases, including:

• Car Accidents: From minor fender benders to catastrophic collisions, we’ll fight for your rights.
• Disability Claims: Denied benefits? We’ll help you challenge the insurance company’s decision.
• Accident Benefit Claims: Learn more about your entitlements after an accident.

We know legal battles can be intimidating, but we believe in making the process as smooth as possible for our clients. With McNally Gervan, you’ll have compassionate lawyers who work tirelessly to protect your interests.

Your case is unique, and so is our approach. Let us help you navigate the road ahead. Contact us today for a free consultation, and let’s take the next step together.