Difference between revisions of "Civil Claims and Family Violence"

The amount of the damages that a court may award for tort claims based on family violence always depends on the circumstances. It is important to get legal advice to decide whether or not making such a claim is economically worthwhile in your particular circumstances. The range of outcomes is very wide and many factors go into a judge’s assessment of the appropriate award but here are some awards that the courts have made for assault and battery in a family context:

* In ''[http://canlii.ca/t/g2h5c A.M. v. S.O.], 2014 BCSC 4 physical assault in the form of an open-handed blow to the head resulted in $20,000 for general damages.

* In ''[http://canlii.ca/t/fsxwh Bird v. Kohl]'', 2012 BCSC 1424 the serious shoulder fracture, concussion, lacerations and scarring that resulted from repeated strikes with a shovel handle amounted to $75,000 for general damages, $15,000 for aggravated damages, $40,000 for lost wages and $25,000 for lost earning capacity.

* In ''[http://canlii.ca/t/fwktw Constantini v. Constantini,]'' 2013 ONSC 1626 verbal abuse during the relationship and pre-meditated break-in and aggressive assault post-separation did not produce permanent disability but it did result in post-traumatic stress disorder. $15,000 was awarded for general and aggravated damages.

* In ''[http://canlii.ca/t/fs8l9 D.G. v. R.M.]'', 2012 SKQB 296 a single instance of “horrific” sexual assault including striking, kicking and biting. $35,000 was awarded for general damages.