Assault Lawyer
Support for victims of physical assault
Each year, countless lives are marred by physical violence, leaving lasting scars on both body and mind. Whether a victim suffers an assault by a third party, domestic violence or a criminal act, they need to know they can receive support and financial compensation for the harm they’ve suffered. The MedLégal law firm in Montreal specializes in supporting victims of physical assault by providing personalized legal advice. Let us help you assert your right to civil liability.
What constitutes physical assault?
Physical aggression involves direct physical attacks, such as hitting, threatening, or using weapons to harm others. Under Quebec’s Civil Code, these acts can lead to civil liability. This means that under Quebec law, anyone who has suffered physical injury as a result of an act of violence can take steps to obtain compensation.
Types of physical assault
Physical assault encompasses various violent acts, each of which may result in civil liability and potential damages.
Assault and battery/aggravated assault
Any physical attack, intentional or not, which causes injury or suffering, is defined as assault. This includes hitting, shoving and any other act of physical violence towards another person. Even if it does not result in visible injury, assault is a serious offence that can lead to legal action and compensation claims.
Domestic violence
This form of aggression occurs within the context of an intimate relationship. It includes both physical and psychological violence perpetrated by a spouse or ex-spouse. Victims can take specific steps to obtain protection and compensation in line with the seriousness of the harm they have suffered.
Sexual assault
Sexual assault encompasses any sexual act committed without explicit consent, regardless of marital status. Sexual assault, a psychologically destructive form of violence, often includes elements of harassment and intimidation. The law provides recourse and compensation to address the unique impact of such assaults.
Violence in public or work places
Violence, whether born from conflict or fueled by anger, can leave deep physical and psychological wounds. Victims have the right to seek justice through civil action and compensation.
What are your rights, and what should you do as a victim of physical assault?
As the victim of a physical assault, you have the right to claim compensation for all physical and moral damages you have suffered. This includes the possibility of filing a claim in court, seeking the assistance of an assault lawyer, and appealing to the IVAC for compensation. While the process may seem complex, a health lawyer can guide you through assessing your rights, building your case, and initiating legal proceedings.
How to claim compensation for physical assault
There are several ways to obtain compensation:
Civil claims
Civil actions allow victims to obtain financial compensation for damages. The victim’s lawyer is responsible for compiling evidence of the physical, psychological, and financial harm caused by the assault. Quebec’s Civil Code covers compensation for suffering, medical costs, and lost income. This legal action holds the aggressor civilly liable for the harm caused.
Recourse to the Direction générale de l'indemnisation des victimes d'actes criminels (IVAC)
IVAC offers financial and psychological support to victims of assault, including medical care and therapeutic follow-up. This recourse empowers victims of crime by providing a path to financial recovery and alleviating the burden imposed by the assault. A specialized lawyer can assist victims in their application to IVAC to maximize their chances of obtaining adequate compensation.
Criminal proceedings
If an assault is criminal, victims can file a criminal complaint to seek justice. Although criminal proceedings are not directly aimed at providing compensation, they can strengthen the victim’s case for civil compensation by confirming the aggressor’s responsibility and guilt.
How to obtain compensation following a physical assault?
To receive the justice and compensation they deserve, victims of assault must prove the extent of their harm and prove that the aggressor is responsible for the aggression. Several steps are required to prepare a solid case and obtain fair compensation.
1. Creating a file
The first step is to gather evidence, including medical reports, psychological assessments, and witness statements. A specialized lawyer will build a strong case linking the assault to the damages listed.
2. Assessing the damage
Compensable damages include physical injury, psychological trauma, medical expenses, loss of income, and other impacts on daily life. Accurate assessment is crucial for fair compensation.
3. Procedure for claiming compensation
Once the file is ready, the victim can apply to the IVAC or take civil action. The lawyer will advocate for the victim, negotiating with insurers and the aggressor, and representing them in court if needed.
4. Follow-up and compensation
Once the claim has been filed, the lawyer follows up to verify that compensation is received. The amounts paid depend on the severity of the injuries and the impact on the victim’s life. In the event of serious after-effects, compensation for permanent disability or future care may be considered.
Beware of statutes of limitation!
The law stipulates a limitation period for compensation claims. For physical assaults, the time limit is generally three years. Missing this deadline can forfeit the right to legal action. Consult a lawyer as soon as possible to maintain your right to compensation.
How can a personal injury lawyer help a victim of physical assault?
A personal injury lawyer offers key support to guide victims through the legal process and maximize their chances of receiving compensation.
Advising victims on the choice of procedure
Faced with various possible courses of action, a lawyer will analyze the situation and guide the victim towards the most appropriate procedure, whether a civil claim, an application to the IVAC or a criminal complaint. Tailored legal advice makes it possible to choose the most effective strategy for each victim’s unique needs.
Assisting the victim during the medical examination
A lawyer will verify that all physical and psychological injuries are taken into account and presented during the expert report portion of the civil proceedings, guaranteeing a full assessment that justifies claims for compensation. With a lawyer, victims can be confident that their injuries are properly documented.
Assisting victims with their compensation claims
A lawyer also takes charge of putting together the file and presenting proof of the damage suffered. Whether the victim is making a claim at IVAC or taking civil action, a lawyer will handle all administrative tasks to make the process as smooth and transparent as possible for the victim.
Representing the victim during legal proceedings
If the case goes to court, the lawyer will vigorously defend the victim’s interests at every stage of the legal process, from negotiating solutions to arguing in court. Their goal is to establish the aggressor’s liability and obtain fair compensation for the victim.
Why call on MedLégal's physical assault lawyers?
MedLégal is a Montreal law firm recognized for its expertise in health law and its commitment to victims of physical assault. Why we stand out:
- Experience: Our specialized lawyers have in-depth knowledge of tort remedies for victims of physical injury.
- Personalized support: We take the time to understand each case and offer legal support that is tailored to the needs of each victim.
- Access to a network of medical experts: We work with medical professionals to support claims.
- Prompt handling of cases: We are aware of the importance of deadlines and act promptly so that every victim can obtain justice and compensation as quickly as possible.
Our firm is here to help victims of assault claim their rights and seek the compensation they deserve. Contact our office as soon as possible for an initial consultation.