So what can you do about it from a civil perspective?
Intentional torts to the person are those which involve direct, intentional or wilful invasions of the physical and mental integrity of the person. There are three major intentional torts assault, battery and false imprisonment. This cause of action identifies that the intentional infliction of harm is ordinarily unacceptable conduct and the wrongdoer compensating the injured person for loss suffered is both just and appropriate.
As for proving that the perpetrator/defendant is liable for the assault, if the incident gave rise to a criminal prosecution (and the defendant was convicted), you may have a better chance for success in your civil lawsuit. However, even if there was no corresponding criminal case or the defendant was not convicted, the victim in the civil case will have an easier time of showing that the defendant is liable for committing the alleged abuse. That’s because the standard of proof is lower in a civil case, compared with what must be proven in criminal court. In order to find the defendant civilly liable for abuse, the plaintiff only needs to show that it is more likely than not that the defendant committed the alleged wrongful act.
In a criminal case, on the other hand, the burden of proof requires the prosecution to prove guilt “beyond a reasonable doubt”, which is a much tougher standard to meet.
Examples of cases
In 2015 her Honour awarded the plaintiff damages in the amount of $1,228,000. In the plaintiff’s case, she succeeded in proving that the conduct of the defendant amounted to trespass to the person. Causes of action in assault and battery may have also been available. Her Honour’s award of damages is significant and reflects the severity of the damage caused by the defendant’s conduct.
In 2018, his Honour awarded damages in the sum of $472,742.04. In the plaintiff’s case, it happened over 40 years ago, when a child was abused by his teacher and by a cub leader. The damages were apportioned as one of the defendants had passed away.
Intentional torts are difficult to seek compensation if the person does not have reasonable assets as you are suing them personally.
Damages can amount to:
- Non Economic Loss – Pain and suffering
- Past and Future Medical Treatment
- Out of Pocket expenses
- Past and Future Economic Loss.
If you need to confidentially speak to one of our compensation lawyers please contact us today.
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