If you have been assaulted and injured, you may have a claim against the perpetrator for damages for your injuries. In many cases, however, the perpetrator of the assault may have limited financial means available to pay for your damages, as liability insurance policies typically do not cover intentional actions. Factual circumstances surrounding an assault differ from case to case and there may be other parties partially responsible for the assault. The negligence of such other parties may be covered by a commercial general liability insurance policy. As an example, if you were injured by
someone in a bar, the bar may be partly to blame for the assault if the perpetrator was served too much alcohol prior to committing the assault or acted aggressively and was not removed from the bar. Or, if you were injured at an organized event such as an outdoor concert, it may be possible that failure to provide adequate security or to prevent over-crowding contributed to the assault. This is why it is important to seek legal advice regarding the circumstances surrounding an assault to identify all possible responsible parties, especially parties who carry liability insurance to pay for your damages.
One type of civil assault is sexual assault. Our law recognizes that sexual assault matters are highly sensitive topics to litigate, and the law is particularly lenient with regard to time periods in which to present a claim. If you were the victim of a sexual assault that occurred many years, or even decades ago, in most cases you will not be out of time to prosecute your claim. The law will consider when you became able to fully understand the impact of what happened to you and when you gained the emotional strength to make your claim. In some cases of sexual assault, such as where the perpetrator was in a position of trust or authority over you at the time the assault was committed, there may be no limitation period at all. As with general assault matters, it is very important to consider what other parties might be legally responsible for the occurrence of the sexual assault. By way of examples, in cases of sexual assaults by teachers, church ministers or camp counselors, the corporate entities controlling the church, school or camp, as the case may be, may have partial or full legal responsibility for the act of the perpetrating employee or volunteer. The evaluation of sexual assault claims requires a careful, detailed consideration of all of the relevant facts and circumstances by your lawyer.”