Civil litigation, commonly referred to as suing someone, or filing a lawsuit, can sometimes be a legal option for survivors of sexual violence and or/intimate partner violence, including historical cases. If you have more questions or would like some support during this process, you are welcome and encouraged to contact a Legal Support Navigator at The Journey Project.
If you are thinking of starting a claim, sometimes called suing someone, it is important to note that a settlement can happen anytime. This includes before a lawsuit has even started, or before court proceedings begin. A settlement is an agreement between the parties involved (plaintiff(s) and defendant(s)). We suggest speaking with a lawyer if you are thinking about your legal options.
A civil action or lawsuit happens when one person, group of people, or business sues another person, group of people, or business. It is an area of private law that seeks a remedy for people who have been injured physically, mentally, or financially, or whose property has been damaged. In most cases, that remedy is money.
Sexual violence and/or intimate partner violence in civil law can fall under several branches of what legal professionals call tort law. Tort law refers to a set of laws that are designed to provide remedies for people who have been harmed. Unlike criminal law, tort law is not intended to punish people.
If someone sues a person or business, they are called the plaintiff in civil proceedings. The person or business being sued is called the defendant. If the plaintiff believes they are entitled to damages based on something that has been said or done to them by the defendant, they can file documents with the appropriate court to sue them.
Generally, there is a time limit to sue another person. A limitation period sets out the maximum amount of time that can pass since the incident or incidents occurred and when a person can file a lawsuit. In Newfoundland and Labrador, that time limit is generally two years for matters related to harm or injury.