What should I expect during the civil lawsuit process for sexual abuse?
Understanding the civil lawsuit process can help ease anxiety and provide clarity. While every case is unique, the process generally follows these key stages, all managed by your lawyer to ensure you are supported throughout:
1. Initial Consultation
The journey begins when you contact our team for a free, confidential consultation. This is a safe space to share your story, ask questions, and explore your legal options without any obligation to proceed.
2. Filing the Statement of Claim
If you choose to move forward, your lawyer will draft and file a "Statement of Claim." This document outlines the allegations and the compensation you’re seeking. Once filed, it is served to the defendant(s), officially starting the lawsuit.
3. Discovery Phase
This is often the longest stage. Both sides exchange evidence, including documents and records. A key part is the "Examination for Discovery," where you answer questions under oath from the opposing lawyer. Your lawyer will be present to support you and ensure fairness. This typically occurs in a private setting, not a courtroom.
4. Mediation and Settlement Negotiations
Most cases are resolved before trial. Mediation involves a neutral third party helping both sides reach a settlement. Your lawyer will lead negotiations to secure a fair outcome that acknowledges your suffering.
5. Pre-Trial Conference
If mediation fails, a pre-trial conference with a judge may be held to address unresolved issues and attempt a final settlement.
6. Trial
If no settlement is reached, the case proceeds to trial. Your lawyer will present your case to a judge (and sometimes a jury), who will make the final decision.
At Jellinek Ellis Gluckstein Lawyers, we understand the emotional challenges of this process. Our team of sexual abuse lawyers is dedicated to providing compassionate support and strong legal representation, ensuring your voice is heard and your rights are protected every step of the way.
Expertise.
FAQs.
- What legal options are available for survivors of Boy Scout abuse in Ontario?
- Survivors of abuse in the Boy Scouts or Scouts Canada can pursue justice through two legal paths in Ontario: report the abuser to police for a criminal case or file a civil lawsuit against the abuser and Scouts organization for financial compensation. Both options can be pursued simultaneously. Get More Information
- What compensation can I receive from a civil lawsuit for sexual abuse?
- In Ontario, survivors of sexual abuse can seek financial compensation through a civil lawsuit. This includes coverage for therapy, lost income, and non-economic losses like pain and emotional distress. A skilled sexual abuse lawyer can help you understand your rights and secure a fair settlement for your recovery. Get More Information
- How can Jellinek Ellis Gluckstein help survivors of sexual abuse in Toronto and Ontario?
- Jellinek Ellis Gluckstein Lawyers offers compassionate legal support for sexual abuse survivors. Our experienced team guides you through filing a civil lawsuit, handles all communications, and connects you with essential resources, so you can focus on healing while we fight for the justice and compensation you deserve. Get More Information
- What legal options are available for survivors of clergy abuse in Ontario?
- Survivors of clergy abuse in Ontario can file civil lawsuits against both the abuser and the institution for negligence. Jellinek Ellis Gluckstein Lawyers provide compassionate guidance to help secure justice and financial compensation for the trauma endured. Get More Information
- Can I sue for sexual abuse that happened years ago in Ontario?
- Yes, in Ontario, there is no time limit for filing a civil lawsuit for sexual abuse. You can seek justice and compensation for past abuse, no matter how long ago it occurred. A compassionate lawyer can guide you through the process of pursuing a historical claim. Get More Information
- How can a sexual abuse lawyer help me with my case?
- A sexual abuse lawyer supports survivors by managing civil claims, explaining rights, gathering evidence, and handling communications. The team at Jellinek Ellis Gluckstein Lawyers provides expert guidance, protects against re-traumatization, and fights for justice and compensation with compassion and dedication. Get More Information
- What legal options are available for survivors of institutional abuse in Ontario?
- Survivors of institutional abuse in Ontario can pursue two legal options: report to police for a criminal case or file a civil lawsuit for financial compensation against the abuser and negligent institution (such as a school, hospital, or care facility.) These paths are separate and can be pursued at the same time. Get More Information
- What constitutes teacher sexual abuse?
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Teacher sexual abuse involves any form of sexual misconduct, harassment, or exploitation perpetrated by a teacher towards a student. This can include inappropriate behavior, grooming, assault, or any unwanted sexual advances.
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- Can schools be held liable for teacher sexual abuse?
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In some cases, a school board may also be found vicariously liable for sexual abuse committed by a teacher (i.e. the school board would be held responsible for the misconduct and abuse committed by the teacher, even if the school board did not know of the abuse.)
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- If I'm a member of the Crown Ward Class Action case, can I still sue for the sexual abuse I suffered while in the care of Children's Aid?
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Yes, you can. Since the Crown Ward Class Action case is only against the Ontario government for its failure to pursue legal action, you are still able to sue Children's Aid for the sexual abuse that happened to you while in its care.
You might be entitled to compensation through both the class action as well as your individual lawsuit. One does not prevent the other.
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