"So, what do you think my case is worth?"
It's a question personal injury lawyers are frequently asked.
In this blog post, I outline the most common types of compensation we seek in sexual assault cases, explain why some survivors express surprise at the amounts we calculate, and conclude by suggesting that the value or worth of a case should never be reduced to dollars and cents alone.
What Are the Most Common Types of Compensation Available?
The purpose of compensating a survivor of sexual abuse is intended to return the survivor to the position in life they would have had "but for" the negligent or intentional actions or inaction of another person, organization, or institution. The compensation is both non-pecuniary and pecuniary.
Non-pecuniary compensation is to award the survivor a sum of money for the pain and suffering they endured. It can also involve an award for punitive damages which is a way to punish the wrongdoer for egregious conduct and/or to deter similar conduct in the future.
Pecuniary compensation is provided to recover actual and/or anticipated losses caused by the wrongdoer for income loss both in the past and the future, loss of opportunity in terms of education and employment, care costs both past and future for things like therapy and medication, and out of pocket expenses.
There are other types of categories of compensation such as loss of interdependent relationship that are also relevant to many sexual abuse cases. This relates to being unable to have or sustain a long-term relationship and experience the benefits, both personal and financial that derive from same.
Many factors go in to assessing how losses are determined and calculated. They are individual to each case and will include the age at which the abuse occurred, the frequency and extent of abuse, how the survivor's life has been impacted by the abuse in terms of education and employment, whether there have been addictions, incarcerations and many other factors.
Discussing Compensation With Clients.
Sexual abuse and sexual assaults are the most personal of all personal injuries because they are intentional attacks on an individual's autonomy, dignity, and security. Moreover, the details of each case and the effect of this sexual violence on each survivor is entirely unique to the survivor.
While each survivor's case is considered based on its own facts and merits, courts turn to case law when determining how to determine non-pecuniary compensation. It is determined based on the range established by the courts for similar cases. For pecuniary compensation, it is very fact driven and specific to each survivor in terms of what they have or have not been able to accomplish as a result of the abuse and the various needs they have.
When it comes time to discuss actual compensation amounts, clients have a wide variety of reactions. Many people have no idea how much money they should expect to receive if their case is successful; and, unfortunately, some are shocked and dismayed to learn what their case is "worth."
For clients who pride themselves on having overcome the terrible impact of their trauma and succeeding in their personal and/or professional lives, they are often surprised to learn their success may limit their ability to collect pecuniary damages as they have minimized their losses in monetary terms. They feel they are being punished for their effort and determination to surmount the real barriers their abuse or assault put up in front of them.
There are many exceedingly difficult elements that come with being a sexual assault lawyer, particularly hearing stories of unimaginable abuse, and witnessing the very real effects these heinous acts have had on a survivor's life. It is heartbreaking to explain to a client what their case is "worth" and witness their pain as they reflect on what it means in terms of their "value" according to the law.
What Is Justice Worth to You?
The monetary awards courts make in civil sexual assault cases are an imperfect method to acknowledge the true cost of sexual violence on the lives of survivors - but these sums of money are the only tool at the court's disposal. Pecuniary damages can sometimes approximate the real financial costs associated with sexual abuse or sexual assault, but putting a dollar amount on pain and suffering, emotional distress, or the lasting damage to a survivor's relationships is not a true indication or approximation of the value of what has actually been lost.
While some clients express understandable disappointment in the monetary value of their case, most clients have no qualms about pursuing their claim anyway. Why? Because the symbolic value of our courts awarding damages to these survivors is also incalculable, and it is often an essential piece of the puzzle as they search for a sense of justice and closure.
Many sexual assault cases never result in criminal charges - either based on the reluctance of survivors to engage the police, or the higher bar to successfully prosecute perpetrators in criminal court. As a result, a civil court case may be the sole time a survivor will formally ask our justice system to consider the harm done to them.
Participating in a civil lawsuit can be seen by survivors as an important symbolic act of retaking control over their life. Whether it's through a negotiated settlement or a decision at trial, the resolution of their case is a confirmation that their story has been heard and acknowledged. Whatever monetary damages are ultimately secured, reclaiming control of their lives, attaining a sense of closure, and confidently charting a course for their future is priceless. And, a survivor's lawsuit has a broader impact on wrongdoer organizations and institutions by impacting them financially which just may cause them to address the wrongs they caused or enabled.
We're Here to Help.
Pursuing justice for sexual abuse or sexual assault can be a time-consuming and challenging process - but also one that many survivors feel helps them heal. Jellinek Ellis Gluckstein Lawyers helps survivors in any way we can. From answering your questions and explaining your legal rights and options in a free, no obligation initial consultation, to representing and advocating for clients in proceedings, you can trust our team our team of Toronto sexual abuse lawyers to treat you with the respect, compassion and empathy you need and deserve.
To learn more about what our experienced and knowledgeable trauma-informed lawyers can do for you or your loved one, contact us today.