Hamilton Institutional Abuse Lawyer
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Survivors of institutional abuse may experience serious impacts on their health, well-being, and life in the long term. Institutional abuse takes place when an individual (or multiple individuals) is subject to abuse, neglect, or mistreatment while under the care or supervision of an organization or institution. Although anybody may experience institutional abuse, it commonly affects vulnerable groups, such as children, adolescents, people with disabilities, the incarcerated, and the elderly. Survivors are entitled to pursue legal action when institutional negligence allowed their abuse to take place or continue.
In Hamilton and across Ontario, some common perpetrators of abuse within institutions include:
- Teachers
- Religious leaders
- Camp counsellors
- Extracurricular activity coordinators
- Psychiatric hospital orderlies
- Long-term care nurses or nursing home professionals
- Juvenile detention centre officers
- And more
In a recent study, it was found that about 1 in 10 Canadians had been the targets of abuse, specifically sexual abuse, when they were minors. Despite their prevalence, the vast majority of abuse cases never reach the attention of police or social services when they happen.
At Preszler Injury Lawyers, our Hamilton institutional abuse lawyers believe that survivors should be empowered to hold institutions and perpetrators accountable. We facilitate this by offering legal assistance to clients who wish to file institutional abuse lawsuits against the organizations where their abuse occurred. To discuss your eligibility and legal options with our lawyers today, you can schedule a free, confidential consultation online or by calling our Hamilton office at 1-888-608-2111.
The Effects of Institutional Abuse on Survivors
The effects of institutional abuse can be wider-reaching than many people may think. Not only may survivors develop mental health conditions in response to the trauma they’ve been through, but these conditions can have an impact on their social, financial, and physical well-being.
Victims of institutional abuse may experience:
- Post-traumatic stress disorder (PTSD)
- Anxiety
- Depression
- Substance use disorder
- Increased vulnerability to continued abuse
- And more
High stress levels associated with the trauma, social stigma, and secrecy surrounding abuse may also cause survivors to develop medical conditions like hypertension and heart disease.
Notably, when mental and physical health conditions develop, they may result in significant financial expenses for victims. You may spend a lot of money out-of-pocket paying for psychological counselling, psychiatric treatment, or medication. In addition, mental health struggles may prevent you from completing vocational or educational opportunities. This may lead to a decrease in your future earning capacity.
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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.
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Legal Services We Offer to Institutional Abuse Victims in Hamilton
Because of the serious effects of institutional abuse, survivors may be entitled to seek compensation for the emotional and financial losses they have incurred. Our Hamilton institutional abuse lawyers at Preszler Injury Lawyers help our clients file civil lawsuits against the institutions where their abuse took place.
By doing so, our team can help you pursue compensation such as:
- Economic Damages: Economic, or pecuniary, damages are meant to compensate victims for the financial losses they have directly or indirectly incurred as a result of their abuse. You may be entitled to money that reimburses you for counselling, rehabilitation, or medical expenses. In addition, if your future earning capacity has been reduced by your trauma, a lawyer can help you calculate the amount of restitution you may be entitled to.
- Non-Economic Damages: Also called non-pecuniary damages, non-economic damages compensate victims for the intangible, emotional losses they’ve suffered. In Ontario, this often includes compensation for pain and suffering or loss of enjoyment of life.
- Punitive Damages: If the conduct of the perpetrator or institution is found to be particularly egregious, you may also be awarded punitive damages. These are intended to function as extra compensation for the victim and a form of punishment for guilty parties.
We will help you gather evidence to build a strong claim against the institution involved in your situation. We may collect witness testimony, medical reports, additional victim statements, and more to create a compelling case on your behalf. In Ontario, civil claims relating to sexual abuse have no time limit under the Limitations Act. As a result, we can help you file your lawsuit even if your abuse occurred years or decades ago.
We can negotiate or mediate with the defendant to help you achieve a fair settlement out of court. If negotiation is unsuccessful, our Hamilton institutional abuse lawyers are also prepared to take your claim to court and argue your case before a judge.
We are passionate about ensuring that survivors of injustice get the opportunity to hold their abuser(s) accountable. At Preszler Injury Lawyers, we aim to provide a safe space for victims to come forward and share their story, whether they want to remain anonymous or not. To discuss your options, contact our team in Hamilton today.
Contact Our Hamilton Institutional Abuse Lawyers Today
You should not have to deal with the consequences of institutional abuse alone. Whether you have suffered emotional, physical, or financial effects, you deserve legal support to pursue compensation.
At Preszler Injury Lawyers, our Hamilton institutional abuse lawyers operate on a contingency fee basis. This means that we offer clients in Hamilton completely free initial consultations. We also don’t charge any money unless we successfully win your case for you. This is because we believe survivors of institutional abuse deserve accessible legal services.
To discuss your situation confidentially with one of our institutional abuse lawyers, you can call us at 1-888-608-2111 or contact us online today.
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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
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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
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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
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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.
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