YOUR SURVIVOR’S CLAIM: COMPASSIONATE & EMPATHETIC SEXUAL ABUSE LAWYER IN OWEN SOUND
SEXUAL ABUSE SURVIVOR: YOU HAVE COME A LONG WAY
At Tamming Law, we know that it has taken you a while to get this far. After almost 25 years of supporting abuse survivors, we have the utmost respect for your courage and dignity. If you are looking for a reliable, empathetic and compassionate sexual abuse lawyer in Owen Sound, we urge you to consider speaking with John Tamming of Tamming Law.
John and his team will fight for your legal rights and protect your interests irrespective of any complications involved in your case, assisting with:
• Suing the accuser and harasser
• Handling documentation and legal procedures
• Conducting a thorough investigation
• Negotiating a reasonable settlement
• Finding witnesses to support your case
• Developing legal strategies in your favour
Making a claim for financial compensation is only part of your healing journey. There may be criminal proceedings as well, where you use that forum to confront the perpetrator of abuse. But most survivors want more than
compensation or punishment. You also seek healing. As we proceed, you will find that certain emotions will flood back and become at times overwhelming. Please do not attempt to “tough it out”. Please speak with your family physician or our office about obtaining counseling through
this process. You will not regret it. As an added benefit, such a counsellor may prove invaluable as a witness to the effects of the abuse upon your life.
LIABILITY – WHO IS AT FAULT?
If the person who abused you is still alive, we will sue that person. Often, however, perpetrators have no financial resources worth pursuing and your only direct recourse against the abuser is in the criminal courts.
For this reason, we will often claim against others or organizations who do have financial means and who we believe may be found responsible for the abuse. Just because abuse happened does not necessarily make another person or organization legally responsible for paying compensation for the abuse.
If we can prove that such an organization knew or should have known of the abuse but did nothing, that organization will be found ‘negligent’. Often it is difficult to prove such negligence. Fortunately, the courts have recently held that in some cases, where an entity should know of the risk of sexual abuse being inherent in the very nature of the organization (eg: a summer camp, or a boarding school), it will be found legally responsible for the abuse. This is known as ‘vicarious liability’ and frankly makes our road that much easier. Each case needs to be carefully assessed and we will provide individual advice to you in this regard.
AM I TOO LATE TO SUE FOR THE ABUSE?
No, you are not out of time. The law has been changed to make it possible now to claim for abuse that happened decades ago.
FAIR COMPENSATION – WHAT IS THE CASE WORTH?
The amount of compensation we obtain will depend on the length of the abuse, the specific acts of abuse, the relationship of the abuser with you at the time and the effects of the abuse upon your life.
Unfortunately, the courts tend often to focus on the number of times the abuse took place and the extent to which it was invasive. We feel this is unfair (even “mild” acts of abuse can have horrendous effects), but you should be aware of this.
You are entitled to compensation for pain and suffering resulting from the abuse, any financial losses and the cost of past and future counseling. If more than one person abused you in the past, the defendant in our case will argue that your losses and personal injuries are caused more by those other sources of abuse than by the abuser in this particular case.
CRIMINAL INJURIES COMPENSATION
You may also apply for compensation with the Criminal Injuries Compensation Board. The CICB awards very small levels of compensation and you must repay any award from the settlement we obtain in our lawsuit. The forms are online but let us know if you need help finding them. Again please discuss with us.
You can count on our Owen Sound legal team to bring you justice. You can also approach us for child abuse cases.