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email: wecare@hooperlaw.ca

Physical Assault

Physical assault victims often suffer physically, mentally and economically as a result of being assaulted. They may need years of medical treatment or counseling. If this is your situation, I can take care of your legal needs and help you get the compensation you deserve – leaving you free to focus on your recovery and getting on with your life.

To get compensation, there are two parties you can sue:

1. The person who physically assaulted you

In order to get compensation, you have to prove liability – that the person you are suing physically assaulted and injured you on purpose. The injury has to be a direct result of the assault.

2. The owner/occupier of the premises where the physical assault happened

In Ontario, the Occupier Liability Act says that if you are on someone else’s premises, those premises should be reasonably safe (especially if the owner/occupier is making money from your presence there).

If your lawsuit is successful, there are three types of compensation you may be entitled to:

  • Pain and suffering and loss of quality of life (general damages)

This is a claim for your past, present and future difficulties. In Ontario, compensation ranges from $0 for a sprained thumb to $318,000 for someone who is brain-injured and quadriplegic.

  • Pecuniary damages (loss of wages)

This is a claim for loss of wages 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 compensation.

  • Out-of-pocket expenses and future care costs

This compensates you for any expenses caused by ongoing medical difficulties, including over-the-counter prescription medication, rehabilitation devices, or parking and mileage for doctors’ appointments. It does not usually amount to very much money. 

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