Areas of Practice

Criminal Injury Compensation Lawyer Toronto


Toronto Criminal Injury Lawyer

Victims of violent crime in Ontario may recover financial compensation for their injuries in two ways. They can apply directly to the Criminal Injuries Compensation Board (CICB) – an institution which exists to provide compensation to victims, and family members of deceased victims, of violent crime – and they may pursue financial compensation claim in tort against those responsible.

While an application to the CICB does not interfere with any related tort claims, a successful tort claim will require reimbursing the CICB for any funds they might have awarded.

It is not uncommon for criminal cases to have an associated criminal injury tort claim. A criminal case is pursued by the “Crown” on behalf of the government and, where successful, will likely result in the restriction of the freedoms and rights of the guilty party. The appropriate standard to be met by the Crown in such cases is very high – “beyond a reasonable doubt”.

A criminal injury tort claim, by comparison, can be launched by a personal injury lawyer directly on behalf of the injuring party with the goal of attaining financial compensation for the injuries suffered by the victim. The standard in criminal injury tort claims requires, among other things, showing that the injuring party contributed directly to the harms suffered by the injured party.

As criminal injury tort claims are often complex and unique to the specific circumstances of the case, the role of an experienced personal injury lawyer as a trusted advocate is especially invaluable.

Time Limits

There is a two (2) year time limit from the date of your accident, or injury, to file a claim in Court. If no claim is filed in Court, after the two year mark the right to make a claim will likely be lost. It is very important that you contact us as soon as possible after your accident, or injury, to make sure that the time limit is not missed.

There are a few possible exceptions to the two year time limit that are best explained by us. For example, if the injured person was under the age of majority at the time of the accident, or injury, you have two years from their 18th birthday. In some other cases the date the time limit starts is not on the day of the accident, but the day a person of sound mind should have known they have a claim.

Hiring Tony Lafazanis is risk free. There is no legal bill to pay, if there is no settlement.

Each personal injury case is unique and requires dedication, professionalism, expertise and a personal, hands-on approach.
If you have suffered injury due to the negligence of others, Tony Lafazanis will guide you through every step of the legal process, and ensure you receive the compensation to which you are entitled.
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FAQs

1. How can victims of violent crime recover financial compensation in Toronto?

Depending on the circumstances, victims of violent crime may be able to pursue financial compensation through a civil lawsuit against the responsible party. Other programs or sources of assistance may also be available in certain situations. Tony Lafazanis can review your case and explain your legal options.

2. How does a civil claim differ from a criminal case?

A criminal case is prosecuted by the Crown to determine whether an accused person committed a criminal offence under the Criminal Code of Canada and, if found guilty, to impose the appropriate legal consequences. A civil claim is brought by the injured person to seek financial compensation for losses resulting from the incident.

3. What is the legal standard of proof in a civil claim?

In a civil claim, the injured person generally must prove their case on a balance of probabilities, meaning it is more likely than not that the claim is true. This is a different legal standard than the “beyond a reasonable doubt” standard used in criminal prosecutions.

4. How long do I have to file a lawsuit for a criminal injury?

In Ontario, there is generally a two-year limitation period under the Limitations Act, 2002 to start a civil claim arising from a criminal injury. However, exceptions may apply depending on the circumstances of the case, so it is important to seek legal advice as soon as possible.

5. What damages can I recover in a civil claim arising from a criminal injury?

Depending on the facts of your case, you may be able to recover compensation for medical expenses, lost income, pain and suffering, rehabilitation costs, future care expenses, and other losses recognized under Ontario law.

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