Bouncer Assault Injuries – Advantages to Bringing a Civil Claim
It happens more often than you think, assault by an overly aggressive nightclub bouncer or event security guard. Bouncer assault is, in many cases, both a criminal and civil offence. This means that you can choose to press criminal charges, or sue the perpetrator in civil court for your injuries, or both.
But there are important differences in the way that these cases are decided. The burden of proof – that is, the amount of evidence you need to have in support of your claim, in order to win your case – is much higher in a criminal case.
The lower burden of proof for civil personal injury claims can be an advantage for injured victims of bouncer assaults who need compensation.
The difference between the criminal and civil burden of proof
You may have heard the phrase on TV, that a person accused of a crime is guilty “beyond a reasonable doubt.” In a criminal trial, this is the burden of proof that the Crown must meet to win their case. Put simply, proof at this standard is enough to convince a judge (or jury) that it is more than probable than the person on trial committed the crime. They do not need to be absolutely certain, but should be almost certain.
In civil personal injury claims, the burden of proof that a plaintiff must meet to succeed in their claim is lower. A personal injury claimant must only prove “on a balance of probabilities” that the defendant(s) are responsible for their injuries. This standard is generally defined as being met where the judge (or jury) is more than 50% certain that the plaintiff’s evidence supports their case.
Personal injury claims following a bouncer assault
When someone is injured in a bouncer assault, they probably consider pressing criminal charges. However, in many cases, the police do not feel there is enough evidence to charge a bouncer with assault. Even where a criminal action is not possible, an injured victim can still advance a civil personal injury claim for compensation.
In most cases, the victims of bouncer assaults should consider a civil claim instead of pursuing the matter criminally. In addition to the lower burden of proof making it easier to prove their case, a civil action allows victims to obtain the monetary compensation they need to pay for things like medical treatment for their injuries.
Personal injury lawyers assisting victims of bouncer assault
The personal injury lawyers at Derfel Injury Law have handled claims against staff and venues on behalf of victims injured by bouncers or security team members. If you, or a friend, has been hurt in a bouncer assault or other altercation at an event, we can help you seek compensation for your injuries.
Contact us online or call 416-847-3580 to make an appointment with one of our team members. We meet new clients at locations in Toronto.