Assault and Battery Lawyers in Victoria BC

Acheson Law only represents plaintiffs. Our firm is committed attaining justice for individuals who have been injured or harmed because of another person.

What is Assault and Battery?

In the civil system assault does not actually require physical contact but instead requires only that a person create fear in another individual that their safety or wellbeing is at risk. Battery on the other hand, occurs when a person intentionally applies force to another person’s body without their consent.

Assault and battery can happen in almost any circumstance, including at private parties, at clubs or restaurants, in public transportation, in the context of a medical procedure or examination or even at the workplace. An assault or battery can also occur in situations where excessive or unnecessary force was employed by an individual, even if they have the authority to lawfully physically restrain a person.

Common Damages for Assault and Battery:

If you were a victim of assault or battery, or both, you could be entitled to compensation for:

  • Medical costs associated with treatment
  • Lost earning capacity or wages
  • Pain and suffering from physical, emotional or psychological injuries

If You Were a Victim of Assault and Battery, Our Expert Injury Lawyers Can Help You Make Your Claim

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Advantages of Civil Lawsuits Over Criminal Charges:

Civil claims provide victims of assault or battery a chance to achieve justice and compensation for the injuries and harm they suffered on their own terms. This is because civil claims are initiated by the person who was injured. Unlike criminal cases, which are started by the government against the accused.

In addition, the primary goal of a civil action is to obtain monetary compensation for the injured person. 

The burden of proof in civil lawsuits is much lower than in criminal cases. Broadly speaking, a burden of proof is the level of certainty a court must have that a wrongful act or crime occurred in order for the person bringing the lawsuit to be successful. In context of a civil claim the injured person must convince the court on a “balance of probabilities” that the wrongful act that caused them harm occurred. A balance of probabilities is often described as convincing the court that there is at least a 51% chance that the improper act happened. This standard is much lower than the burden of proof in criminal cases which means it is easier to prove a civil lawsuit than to obtain a criminal conviction.

Frequently Asked Questions:

Can a civil claim be affected by the result of criminal proceedings?

Civil claims are independent from, and generally unaffected by criminal proceedings.

This means you can initiate a civil suit against a wrongdoer even if criminal charges are not laid against them and your civil suit can be successful even if the wrongdoer was found innocent at the end of their criminal trial. If the accused is found guilty at the conclusion of a criminal trial this can serve as helpful evidence in your civil claim.

How long can I wait before starting my civil claim?

In British Columbia, there is usually a two-year time limit to initiate a civil claim. So, if you have been a victim of assault or battery, it is important to contact Acheson Law as soon as possible so that you don’t miss the deadline to start your claim.

  • “I am extremely happy with my decision to hire Patrick. I can tell that he and Danielle are truly passionate about they are doing. It is the first time I have felt truly heard and I now have some hope for the future. Danielle is so helpful and always answers all my questions quickly. I feel like I am a priority.”

    L.M.

Why Choose Acheson Law for Your Civil Assault & Battery Claim?

  1. Our Fees are Contingent: We understand that legal fees are expensive and we do not want legal costs to prevent you from attaining justice. Contingent fees mean we only get paid once your claim settles and only if your claim is successful.
  2. We Only Represent Plaintiffs: Acheson Law only represents the victims of civil assault and battery – we never represent defendants or insurance companies. Representing plaintiffs is all we do, and we are good at it.
  3. Free Consultations: We understand that the idea of starting a lawsuit can seem overwhelming and that you likely have many questions. With this in mind our lawyers are happy to offer free consultations to explain the process of brining a lawsuit, to discuss your legal options and to answer all your questions.
  4. We Can Meet Virtually: The experienced team of lawyers at Acheson Law can represent you even if you do not live in Victoria.

Book a free, confidential consultation with an injury lawyer today.

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