Assault and
battery lawyer
Legal support for victims of assault and battery
If you are a victim of assault and battery, it’s extremely important that you consult with a specialized attorney. Whether physical or sexual, an assault often results in serious damage and requires urgent action to protect your rights. An experienced lawyer can guide you through complex procedures and help you obtain full compensation for damages suffered in the form of personal injury, loss of income or physical and psychological suffering.
What is assault and battery?
Assault and battery refers to any act of violence, whether intentional or unintentional, which causes bodily harm to a person. This type of offence can take many forms: a punch, a physical assault, a sexual assault or even violence in the context of domestic violence. Depending on the circumstances, these offences may fall under either criminal or civil law.
In criminal law, there are important distinctions between intentional and unintentional injuries. If someone hurts you on purpose, that’s intentional injury. If they hurt you by accident, because they weren’t careful, that’s unintentional injury. In both cases, their acts are punishable by law.
There are also differences between simple and aggravated assault.
– Common assault: A physical assault that does not result in serious injury.
– Aggravated assault: An assault resulting in significant injury.
– Sexual assault: Any non-consensual contact of a sexual nature.
Where a person has deliberately sought to injure the victim, they may be sentenced to a prison term and ordered to compensate the victim for the damage suffered.
Victims can also bring a civil action, i.e. claim compensation before the courts for physical, moral or financial damage caused by the assault.
What procedure should I follow if I've been the victim of assault and battery?
If you’ve been the victim of assault and battery, you need to act quickly to protect your rights and obtain justice. This will involve taking the following key steps:
1. Get medical attention: Seek prompt professional treatment for your injuries and obtain a medical certificate. This is absolutely necessary for proving bodily harm.
2. Gather evidence: Take photos of your injuries, keep medical reports and gather witness testimony, if possible.
3. File a complaint: File a complaint with police authorities to report the assault. This will launch the investigation and enable prosecution.
4. Consult a specialized lawyer: A personal injury lawyer can guide you through the steps involved and help you set up a civil case to claim compensation.
5. Initiate civil or criminal proceedings: You can choose between criminal proceedings, which would potentially punish the aggressor, or civil proceedings which would potentially result in your obtaining compensation.
6. Filing a civil lawsuit: If you wish to obtain compensation, you can file a civil lawsuit during the criminal proceedings.
7. Claiming compensation: You can claim compensation from the aggressor or their insurance company, or even from the IVAC (Indemnisation des victimes d’actes criminels) if necessary.
You must follow these steps in order to obtain justice and reparation. A specialized lawyer can help you every step of the way.
How much time do I have to take legal action?
The statute of limitations is a key element in any legal procedure. In the case of assault and battery, the limitation period varies according to the nature of the offence. For example, in the case of physical violence, you have three years from the day on which the assault took place to initiate civil or criminal proceedings. However, if you are a victim of sexual assault, the statute of limitations may be longer, up to 10 years after the commission of the criminal act.
If you do not respect the statute of limitations, you risk losing your right to compensation or any legal action against your assailant. That’s why it’s recommended that you contact a lawyer as soon as possible after the assault, so you don’t miss the deadline and so you can maximize your chances of success.
Types of compensation for assault
There are several possible types of compensation for damages caused by assault and battery. Victims can claim compensation for:
- Bodily injury: compensation for physical injuries.
- Loss of income: compensation for periods during which the victim was unable to work.
- Mental suffering: compensation for psychological trauma.
- Medical expenses: reimbursement for treatment related to injuries.
- Losses due to permanent or temporary disability.
A lawyer can help you assess the damage suffered and seek appropriate compensation from the aggressor or their insurance company.
What is the role of an assault and battery lawyer?
A specialized lawyer plays a key role in defending your rights:
- Assessing your case: analyzing your situation to identify possible remedies.
- Filing a complaint and filing a civil action: assistance with legal proceedings.
- Negotiation and representation before the courts: defending your interests to obtain an appropriate sentence against the aggressor and adequate compensation for your injuries.
Our specialized lawyers are familiar with all relevant details of the law and procedures, and can therefore help you to assert your rights as quickly as possible. We also have the expertise to negotiate with insurance companies or other parties to ensure you receive fair compensation.
Why choose MedLégal for your case?
MedLégal is a firm of health lawyers in Montreal. Our lawyers have recognized expertise in the field of assault and battery, and will support you through all legal proceedings.
Our commitments:
- A personalized approach: Each victim is unique, and we will adapt our strategy to your situation.
- Rigorous defense: We will do everything in our power to help you assert your rights and obtain the best possible compensation.
- Comprehensive support: We can assist you at every stage, from formal notice to representation in court.
If you’ve been the victim of an assault, contact a MedLégal lawyer today. We’ll help you get justice.
Frequently asked questions about assault and battery
What if the assailant claims self-defense?
An aggressor may try to justify their actions by claiming to have acted in self-defense. However, this defense is only valid if the use of force was proportional to the threat. A specialized lawyer will analyze your case and demonstrate whether the assailant deliberately sought to injure.
Is it possible to obtain compensation for unintentional assault and battery?
Yes, even if the assault was unintentional, the victim can be compensated for the damage suffered. A lawyer can file a civil suit to obtain monetary compensation.
What is the penalty for assault?
The penalty varies according to the seriousness of the act:
- Simple assault: Possible prison sentence and compensation for damages.
- Aggravated assault: Higher maximum penalty and obligation to compensate the victim..
- Sexual assault: Severe criminal penalties and compensation for damages.
A lawyer can explain to you the legal procedures and remedies available to obtain justice.
Contact us today
Don’t let an assault go unnoticed. Contact MedLégal today for a confidential consultation. Our personal injury lawyers are ready to defend you and get you the justice you deserve. Act today to protect your rights and take all necessary steps.