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In order to get compensation, there are several parties you can sue:
- The person who assaulted you – In order to get compensation, you have to prove liability – that the person you are suing sexually assaulted you. This could include someone who breached their fiduciary duty to protect you and maintain a strictly professional relationship with you, for example a doctor, teacher or coach.
- The employer of the person who assaulted you – If you can prove the employer was negligent (for example, a school board allowing a teacher to continue in his or her post despite complaints from students), you may be entitled to compensation.
- The person who put you in a relationship with the assaulter – You could be entitled to compensation if you can prove that a person or organization was negligent in putting you in a relationship with the assaulter, or in letting that relationship continue.
Proving liability does not guarantee payment of compensation if the person you sue has no money or insurance to pay. Hooper Law will be able to advise you before you begin your lawsuit, and will fight for you to get payment once it is successful.
There are three types of compensation you may be entitled to:
- Pain and suffering and loss of quality of life (general damages) – These damages are intended to compensate you for your past, present and future pain, suffering, and loss of quality and amenities of life. In Ontario, there is a broad range of amounts for these types of damages, from very small amounts for someone with minor injuries, to an indexed cap of approximately $400,000 for someone who is brain-injured and quadriplegic.
- Pecuniary damages (loss of wages) – Often the most significant monetary loss is your loss of income in the past, present and future. If you are unable to work (temporarily or for the rest of your life), return to work but make less money, or fail to get employment or promotion because of your injury, you may be entitled to this type of compensation.
- Out-of-pocket expenses and future care costs – These damages compensate you for any expenses caused by ongoing medical difficulties, both expenses you have already incurred and expenses that you expect to incur in the future, including expenses like over-the-counter prescription medication, rehabilitation devices, parking and mileage for doctor appointments, care and treatment, housekeeping and home maintenance.
Hooper Law is one of the only firms in the Hamilton area accepting sexual assault cases. If you’ve been assaulted, talk to one of our experts with a free consultation to learn how you can start your lawsuit.
Click the image below to download a PDF of the Sexual Assault Personal Injury Resource.