What are the civil options for crime related injury?
There are several different avenues you can pursue to obtain compensation and damages for injuries and losses you have suffered as a result of a crime. At Nevin Lenne Gross, we have experience with all the possible avenues and invite you to contact us for advice.
1. Civil claim for damages
The first option we consider is whether you can pursue a civil claim directly against the perpetrator. To succeed in a civil claim, you need to prove that your injury, loss, or damage was caused by the perpetrator’s actions. We can assist with obtaining evidence such as medical reports to prove your injuries and losses. If successful, the court can award damages to compensate you for your injuries, any treatment expenses, loss of income and future medical costs. Punitive damages may also be awarded if the assault was particularly violent or traumatic. The perpetrator must have a means of paying the damages to you, for this claim to be worthwhile.
2. Sentencing court ordered compensation
If the offender has been successfully prosecuted by the Police at court, you can apply to the court that sentenced the offender for an order that the offender pay you compensation. The amount of compensation is based on your losses and expenses incurred. We can lodge your application and prepare your claim with supporting evidence and submissions. For this claim to be worthwhile, the offender must have a means of paying the compensation to you.
3. TAC and WorkCover
If you were injured by a crime that took place during your employment at work or arising from the use or driving of a motor vehicle, then you should lodge a WorkCover claim or TAC claim. You may be able to claim statutory benefits from these scheme and common law damages.
4. Victims’ assistance schemes
The other option is to make an application to the Victims of Crime Assistance Scheme run by the Victims of Crime Assistance Tribunal (VOCAT), which is soon to change to the Financial Assistance Scheme (FAS). These schemes are government funded. They provide small lump sum payments to victims of violent crime and compensation for some expenses for losses and to assist recovery. There are eligibility criteria that need to be met, and an application form that needs to be completed.
Contact us to assist you with this application.
Different time limits apply to each of the options.
We recommend that you consider all options and get legal advice.
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