Guelph Institutional Abuse Lawyer
Find out if you have a case today.
Contact our Guelph institutional abuse lawyers for a free consultation if you have legal questions regarding your institutional abuse claim.
Book a FREE Consultation
Tell us what happened
We’re here to help.
Table of Contents
Institutional abuse is one of the most devastating traumas a person can experience. When an institution that’s supposed to care for you allows you to be abused, adverse impacts can continue for the course of your lifetime. Institutional abuse is defined as harm, neglect, or mistreatment inflicted upon an individual (or group) while under the care or supervision of an institution or organization.
While anyone can be affected by institutional abuse, it disproportionately impacts those in vulnerable positions, such as:
- Children and youth,
- People with physical or cognitive disabilities,
- Elderly individuals, and
- People in prisons or correctional settings
In Guelph and across Ontario, survivors have the right to take legal action against an institution when it fails to prevent or stop abuse from happening. These failures on the institution’s part might be due to poor oversight, a lack of standardized reporting, or a toxic culture that allows perpetrators to continue committing crimes.
At Preszler Injury Lawyers, we help victims in Guelph pursue justice through civil claims against the institutions that failed them. If you or someone you love was harmed while under the care of an organization, our Guelph institutional abuse lawyers can help you explore your legal options. Reach out to our team today for a free, confidential consultation by calling 1-888-608-2111, or use our online contact form now.
Understanding Institutional Abuse and Your Rights in Guelph
Institutional abuse can take many forms, including sexual abuse, physical abuse, verbal abuse, neglect, or other forms of mistreatment. Data shows that over 27% of Canadians over the age of 15 have experienced at least one instance of physical or sexual abuse by an adult before age 15. Sexual abuse (a common form of institutional mistreatment) affected one in ten Canadians during childhood. Survivors of such treatment often face long-term challenges that influence their emotional and physical well-being, as well as their overall quality of life.
Institutional abuse often involves trusted authority figures or staff members in positions of influence, including:
- Teachers, educators, or school staff
- Clergy and religious leaders
- Camp or extracurricular activity leaders
- Long-term care staff or nursing home workers
- Psychiatric hospital orderlies
- Prison personnel or juvenile detention centre officers
- And more
When negligence by an institution allows one of these individuals to continually inflict abuse, the institution (along with the perpetrator) can be held liable for damages the victim(s) experiences. This is done through a civil claim, also called a lawsuit, which differs from pressing criminal charges.
Your institutional abuse lawyer in Guelph can help you collect evidence to prove that the institution failed to protect you and that your life has been affected as a result. This might include documentation like medical records, institutional reports, witness testimony, additional survivor stories, and more. It’s important to note that in some cases, you can still file an institutional abuse lawsuit even if the abuse took place years or decades ago. This is because Ontario sets no statute of limitations on cases involving sexual abuse (or abuse of minors, in certain circumstances).
With the help of your legal team, you may be able to negotiate a settlement with the organization out of court. If this is not possible, you may choose to take your case to trial, where a judge will consider the evidence you have collected and decide upon a settlement accordingly.
If you are a survivor of institutional abuse in Guelph, contact our Guelph institutional abuse lawyers now to find out what legal options may be available to you.
LET US PUT OUR EXPERTISE TO WORK FOR YOU
Tell Us What Happened
Since 1959, we’ve helped thousands of Canadians get the compensation they deserve with their institutional abuse claims. One of Canada’s oldest personal injury law firms, personal injury law is exclusively what we do. Book a free consultation today with our top-rated personal injury lawyers.
Our team is available 24/7 to speak with you.
The Effects of Institutional Abuse on Survivors in Guelph
Institutional abuse lawsuits are often filed to help survivors recoup compensation for the many impacts they have suffered as a result of their abuse. No two cases are the same. Individual responses to trauma vary greatly between survivors of abuse. However, a number of alarming correlations have been observed between institutional abuse (especially during childhood) and the likelihood of developing mental and physical illness.
Survivors often develop symptoms including:
- Anxiety
- Depression
- Suicidal thoughts
- Self-harm
- Susceptibility to further abuse
- Substance abuse
- Panic attacks
- High blood pressure
- And more
To alleviate symptoms and work through trauma, survivors may turn to mental health professionals and medical doctors. However, the costs of this crucial care can be significant. In addition, mental health conditions may prevent survivors from pursuing or completing educational or professional opportunities. This can directly lead to a diminished future earning capacity. Survivors might be eligible to pursue financial compensation for these costs by working with our institutional abuse lawyers serving Guelph.
Our team at Preszler Injury Lawyers can help you claim both economic and non-economic damages for losses such as:
- Medical treatment expenses
- Psychiatric treatment expenses
- Loss of income (past and future)
- Loss of future earning capacity
- Pain and suffering
- And more
Contact Our Guelph Institutional Abuse Lawyers For Legal Help
At Preszler Injury Lawyers, we believe that survivors of institutional abuse deserve to hold negligent institutions accountable. Our Guelph institutional abuse lawyers offer compassionate and understanding legal support to victims so that they can navigate the legal process with confidence.
We understand that it can be difficult to come forward about abuse. That’s why our consultations are completely confidential. In addition, our lawyers work on a contingency fee basis, which means clients don’t pay any money unless we successfully recover compensation for them. This is because we believe all survivors deserve access to reliable, affordable legal help.
Our lawyers have successfully litigated institutional abuse cases involving organizations like:
- Cadets
- Public and Catholic school boards
- Children’s Aid Society abuse
- Scouts Canada
- Big Brothers Big Sisters
- The Robert Land Academy
- And more
To schedule your free consultation with our team today, you can call our Guelph office at 1-888-608-2111 or fill out our online case evaluation now.
More Guelph Practice Areas
Proudly Canadian
Award Winning Personal Injury Law Firm
We are proud to be one of Canada’s oldest and long-standing personal injury law firms. Since 1959, we have been providing exceptional legal services and have established ourselves as leading personal injury lawyers in the Canadian legal community. It’s not just the awards that recognize our achievements, but also the wins we’ve achieved for thousands of Canadians with their institutional abuse claims.
Case Results
institutional abuse Settlements
Please note that past results are not indicative of future results as each scenario presents itself with its unique set of circumstances. But here are some institutional abuse related wins we’ve had for our clients.
More institutional abuse Topics
Here’s more information on institutional abuse related topics that we think you might find helpful.
institutional abuse
|
September 22, 2023
Consent on Campus: What Students Should Know About Sexual Assault
Many students throughout Ontario are returning to university or college classes this month. For some of the hundreds of thousands of students moving into campus…
institutional abuse
|
May 16, 2023
Expanding the Historical Scope of the “Remedial Measures” Doctrine
In cases involving negligence claims against institutions in respect of historical wrongdoing – such as cases under ss. 16(1)(h)-(h.2) of the Limitations Act SO 2002…
institutional abuse
|
April 11, 2023
Loss of Interdependency in Sexual Abuse Claims
Sexual abuse is an abuse of power. It is an assault of a sexual nature that violates the integrity of the perpetrator’s victim. The act…
institutional abuse FAQs
Here are some commonly asked questions for institutional abuse claims
I never submitted a police report. How can I prove this happened?
No survivor of sexual assault should worry about not having enough evidence to come forward. We routinely take on cases where our clients have never reported their assault to the police. The only evidence we need to prove a civil sexual assault claim is our client’s story of what happened.
In fact, it is rare for cases of historic abuse to hinge on hard evidence, such as witness testimonies or formal reports. Instead, sexual abuse claims are decided by weighing all of the evidence on a balance of probabilities. Your evidence and testimony count.
I’m worried I stayed quiet for too long. Is it too late?
There is no statute of limitations on sexual abuse claims in the Province of Ontario. That means that, no matter how far in the past your abuse took place, you could still be eligible to pursue a civil claim against the person who perpetrated the crime, or the organization responsible for fostering the relationship between victim and perpetrator so that the crime could occur (depending on the circumstances of the case).
We are often retained by people in their 60s, 70s, and even 80s who were assaulted as children. Even if your abuser is no longer living, you may be able to pursue civil action against their employer, the institution that introduced you to your abuser, or any other responsible party.
The law recognizes that survivors of sexual assault often do not report their assaults for years or even decades after it happened. The law recognizes that survivors of sexual assault deserve justice and fairness no matter when the assault took place.
The person at fault is still alive (and maybe even involved in the organization). Do I have to face them?
In a typical case, you will never see the defendant. Civil sexual assault lawsuits are generally handled by insurance companies and the defendant has little involvement in the process, if any.
If the perpetrator is involved in the lawsuit, you will not have direct interaction with him or her. Fortunately, most sexual abuse cases are settled during a process called Mediation. Throughout this process, an impartial mediator will conduct meetings privately with all parties involved in the claim in order to negotiate a settlement. Since these meetings are conducted privately, plaintiffs pursuing a sexual abuse claim and their lawyers will not necessarily need to interact with the person accused of committing abuse face-to-face.
What does the court process look like?
If a settlement negotiation cannot be reached during Mediation, you, the defendant or defendants, and your respective lawyers will be required to attend a pre-trial before a judge, during which the judge will act as a quasi-mediator in order to help facilitate settlement.
If the case proceeds to trial, evidence will be presented before a judge or jury. You will most likely be required to share your story on the witness stand and will be subject to cross-examination from the accused’s or institution’s legal representation. Witnesses, various experts on damages, and others may be called upon to present evidence and face cross-examination.
Once the evidence has been presented and lawyers for both sides have presented their arguments, the judge or jury will determine the case’s outcome as well as the amount of damages the defendant may be required to pay you.
How many times do I have to tell the story?
We tell all clients that they will only be asked to tell the story when they are ready to do so; there is no rush. We do not even need to know the full details of our clients’ stories before we take on their claim. We only need to know if there was sexual touching of some nature.
Talking about your experience can be emotionally challenging, but it can also be an empowering component of the healing process. Our sexual abuse lawyers appreciate how difficult it can be to talk about this painful subject matter in detail, but we provide a compassionate, safe environment in which you will feel comfortable speaking freely about the abuse to which you were subjected.
Generally, you will need to tell your story at least once before the claim settles. The insurance company will need to understand what happened in order to know how much compensation is fair. We work with clients to ensure they are ready and comfortable to tell their story beforehand.
Your lawyer may suggest that you undergo medical assessments from experts who can determine how the trauma you suffered has impacted your overall quality of life, your ability to earn income, etc. Being open and truthful about your experience during these evaluations can be therapeutic and could help strengthen your case.
Can I remain anonymous?
We can apply to the court to ask for your name to be kept anonymous in court documents. In many cases, we can also settle the claim confidentially without starting a lawsuit.
I don’t think the person who abused me has any money. How could I get compensation?
Many occurrences of sexual abuse arise as a result of the involvement of certain institutions. In many cases, the actual abuser is either deceased, cannot be located, or does not have any assets to compensate the victim. Depending on the circumstances of your case, you may be entitled to pursue compensation directly from the organization or institution that introduced you to the abuser.
Most institutions also have insurance to compensate survivors of sexual assault. If the assault happened in connection with an institution (such as a church, school, company, Boy/Girl Scouts troop, or other organization), then it does not matter if the person who assaulted our client has any assets. We might be able to seek compensation from the institution itself or their insurance policy.
How long does a civil action take?
There is no standard length of time for how long civil actions can take before settlements are determined. However, most sexual abuse claims take between 2-4 years before reaching a resolution.
Got more questions?
If you have more questions or need legal help regarding institutional abuse claims, contact our legal team for help.
We’re happy to help.
INJURED IN AN ACCIDENT IN Guelph?
Book a FREE Consultation
With Our Legal Team Today
Our phone lines are available 24/7
During your free consultation you will find out if you have a case worth pursuing as well as answers to any legal questions you may have.