If you have been injured (either physically or mentally) as a result of a criminal offence then you may be entitled to claim compensation. The scheme compensates people who are injured by a crime, for example, a person who is assaulted, raped or robbed. This can include mental and physical injury. It can also include pregnancy resulting from a sexual offence. Close family members of a homicide victim can also be compensated. The scheme does not compensate for property loss or damage as a result of a crime.
Generally, in order to succeed in a claim for compensation, the offence must be proved beyond reasonable doubt. If the offender has been caught and prosecuted through the courts then this element will not generally be an issue. Claims can also be pursued in instances where offenders were not apprehended but we recommend you seek legal advice before pursing the application. Injury claims must normally be made within three years of the date of the offence. Children, however, can claim at any time up to their 21st birthday under the Limitation of Actions Act 1936. Late claims can be made if the court allows them, but it is best to seek legal advice and representation well before the time limit runs out.
The Victims of Crime Act regulates the costs that solicitors can charge in relation to such matters and these costs are, in fact, paid separately by the Government. As such any offer of compensation made to you is in addition to payment of our solicitors costs. Contact Carter & Co Lawyers for expert and experienced advice to represent you at this important time. To discuss your matter, contact us on (08) 8440 2478.
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