Hi so I'm an adult (19F) and two months ago I was assaulted at a train station by a minor (15F) in broad daylight. I was dragged from behind by my hair and punched in the face to the point of bleeding, sustaining bruising, swelling, and mental health ramifications. I'm aware that the YCJA has limitations on how a minor can be charged, especially if it's their first offense. A no contact order was put in place however she has broken it by requesting me on social media, and attempting to message me on social media. Today I found out that since she's a minor she likely will not deal with the ramifications, and the most she has to do is send me an apology letter. However I feel like the consequences for this aren't fitting for the crime, I'm scared anytime I step foot on public transit (which I have to take to get to University), my entire life feels as if its on lockdown, from social media, to stepping foot outside, I feel unsafe existing in public for lack of better terms. I wanted to know if it's possible to sue her for assault, I know that I might not get much if I go this route, however I feel like I need something more out of this traumatic event, I know she won't get jail time since its a first offense. I just want to know if a) I have grounds to sue b) If its worth suing c) if there's anyway to get some sort of compensation without suing her. I just feel like I deserve more than a lousy apology letter from someone who assaulted me.
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Main Legal Issues:
Assault by a minor and the limitations imposed by the Youth Criminal Justice Act (YCJA).
Violation of a no contact order by the minor.
Potential civil action for compensation against the minor.
Questions Answered: a) Do you have grounds to sue? Yes, you may have grounds to sue the minor for assault. Assault is a civil wrong that can lead to a lawsuit seeking compensation for damages suffered. In this case, the physical injuries, mental health ramifications, and ongoing fear you are experiencing could be considered as damages for which you could seek compensation.
b) Is it worth suing? The decision to sue should be carefully considered. While you may be able to obtain compensation through a civil lawsuit, it is important to weigh the potential costs, time, and emotional toll of pursuing legal action. Additionally, given the minor's age and potential limitations under the YCJA, the outcome of a civil lawsuit may not result in significant compensation.
c) Is there a way to get compensation without suing? It may be possible to explore alternative avenues for compensation without resorting to a lawsuit. For example, you could consider seeking restitution through the criminal justice system if the minor is found guilty of the assault. Additionally, you may want to consult with a lawyer to explore options for compensation through victim services programs or other resources.
Potential Strategies: a) Consult with a Personal Injury Lawyer: A personal injury lawyer can assess the details of your case, advise you on the likelihood of success in a civil lawsuit, and help you understand the potential outcomes and compensation you may receive.
b) Explore Restitution through Criminal Proceedings: If the minor is charged and found guilty of the assault, restitution may be ordered as part of the sentencing. This could provide you with some form of compensation without the need for a separate civil lawsuit.
c) Consider Mediation or Alternative Dispute Resolution: Mediation or alternative dispute resolution processes could be explored to facilitate a resolution between you and the minor outside of the court system. This may provide a way to address your concerns and seek compensation in a less adversarial manner.
Things to Discuss with a Lawyer: a) Legal Options and Potential Outcomes: A lawyer can help you understand the legal options available to you, the potential outcomes of pursuing a civil lawsuit, and the implications of seeking compensation through other avenues.
b) Enforcement of No Contact Order: Discuss with a lawyer the steps you can take to enforce the no contact order that has been violated by the minor, including potential legal remedies available to you.
c) Emotional and Mental Health Support: It is crucial to discuss with a lawyer the emotional and mental health impact of the assault, as they can provide guidance on accessing support services and resources to help you cope with the trauma.
Always consult with a lawyer.
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