Criminal Injury Compensation

Criminal Injury Compensation Lawyers in Perth

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Criminal Injury Compensation

Are You A Victim Of Crime? Are You Eligible For Criminal Injuries Compensation?


Have you been injured as the result of a crime? If you are a victim of a crime, you may be eligible for compensation. Under the Criminal Injuries Compensation Act 2003, the State government’s criminal injuries compensation scheme allows certain victims of crimes to claim compensation for physical, emotional, mental, or financial loss.  The compensation claim can be made irrespective of the offence being proved in a court of law.

How is Criminal Injuries Compensation Assessed in WA?


Criminal injuries compensation claims are assessed at the Office of Criminal Injuries Compensation by a Chief Assessor and a team of Assessors.

They are qualified and highly experienced in the legalities of matters related to compensation claims.

Police records will be reviewed and records from hospitals, insurance companies, courthouses and other government agencies will be brought in to gain deep insight into the whole incident.

You will be contacted if the team requires any information from you, but otherwise, you will not be informed of the general progress of the assessment process. 


After a thorough assessment of all the records, the Assessor can decide whether to approve the claim for compensation or not. Either of the parties, the offender, or the victim, is free to challenge the Assessor’s decision and file an appeal within 21 days from the date of the Assessor’s decision.


Is My Injury Compensation Claim Valid?


If you are a victim, you may be eligible for compensation whether the crime has been proven or not. Under the Criminal Injuries Compensation Act 2003, you are a victim of crime if,


  1. You have suffered bodily harm, mental or nervous shock
  2. Have experienced pain and suffering
  3. Lost interest and any kind of joy in life
  4. Have lost your earnings or source of income
  5. Incurred medical expenses or other kinds of damages

Your claim may be affected if: 



  1. You have not reported the crime/incident to the police within a reasonable time.
  2. You fail to cooperate with the police in the investigation.
  3. You have already claimed for the losses incurred from another source.
  4. Your injuries were caused by a motor vehicle crash.
  5. You are not the primary victim.
  6. You were committing a crime yourself at the time you were injured.
  7. Your behaviour contributed to your injuries. 


What Does Criminal Injury Compensation Cover?

 

  1. Criminal Injuries Compensation covers physical, mental, financial, and emotional losses incurred by the victim .
  2. Current and future medical expenses, including psychological treatment
  3. Travelling expenses – travelling for medical treatments.
  4. Damage to clothing and other specific personal items
  5. Loss of income.
  6. Pain and suffering, loss of enjoyment of life
  7. Death – in case of death of the victim, a close relative can file for criminal injuries compensation and claim for funeral expenses.


What Are My Rights?

 

As per the Criminal Injuries Compensation Act 2003, a victim can claim criminal injuries compensation whether or not the perpetrator has been identified, charged, or convicted of the offence. 


The Legal Process in WA

 

In Western Australia, the legal process for criminal injuries is quite clear.

You can apply for the criminal injuries compensation within three years from the date of the offence.   

An Assessor has a discretion to allow applications outside of the three-year limit and you must prepare a letter outlining the reasons for the delay in submitting your claim.

A Case Manager and the Assessors will check and process your claim.

The Assessors will decide whether to grant the compensation or not. The victim (and the offender) have the right to appeal against the Assessor’s decision if they are unhappy about it.

They can appeal at the District Court of WA within 21 days of the Assessor’s decision, in which case, the payment will only be made after the outcome of the appeal.

If no appeal is filed, the compensation payout will be made within six weeks from the date of the decision.


Trewin Norman Offer to You

 

Trewin Norman & Co. is one of the leading law firms in Perth, Western Australia that specialises in all types of compensation claims including claims for criminal injuries compensation.

With over four decades of experience, we offer the best legal expertise to fight your legal battles for you and help you bring home what should be rightfully given to you.

Your first consultations with us will be absolutely free, wherein you can get all information about how we will help.

Also, we follow a ‘No-win, No-fee’ policy which means if you are not made an award of compensation, you don’t pay legal fees.


Why Choose Our Lawyers?

 

Trewin Norman & co. has, since 1980, been in the business of providing legal assistance to clients looking to claim personal injury compensation.

We cover all the legal aspects of personal injury claims and guide our clients to achieve an effective and favourable outcome.

 Our lawyers have comprehensive knowledge about the criminal injuries compensation scheme.

They are better negotiators and can fetch you an amount that is fair and the best possible, given your situation.

Our lawyers, along with the entire legal staff, can help you by answering all your queries.

We have a ‘No-win, No-fee’ policy and thus, will fight your legal battle until you get a lawfully appropriate compensation that is to your satisfaction.


Frequently Asked Questions

    Who pays the compensation if I lodge a claim for criminal injuries compensation?

        Compensation is assessed by the Assessors and paid by the State government. If the perpetrator was charged and convicted, the government will try to recover some or all of the compensation paid from the perpetrator but as a victim, you will not be involved in this process.

        Sample Link

    What is the anticipated amount of compensation?

        Compensations paid will be in proportion to the injuries sustained, the losses incurred and the date of the offence. The compensation amounts range from $0 to a maximum of $75,000 for a single offence. To know the exact maximum amount of compensation you could get, contact our team of experts.

        Sample Link

    What is the criminal injuries compensation time limit?

        You may apply for criminal injury compensation within three years from the date of the offence.  In the case of a series of offences, the time runs from three years from the date of the last offence.   The Assessors also have a general discretion to allow application outside of the three-year time limit in certain circumstances.  If this is you, you need individual legal advice.  The payouts will be made when the application is assessed and approved. In the meantime, if you have any medical expenses to pay for or funeral expenses, you may request interim payments.

        Sample Link

More Information About the Criminal Injuries Compensation Act 2003

 

According to the Criminal Injuries Compensation Act 2003:


  1. During the assessment of your application, you will not be updated on the progress of the assessment process. Only when some information is needed, you will be contacted.

  2. In this process, the Assessors may get in touch with the offender and documents you supply in support of your application may be provided to them. Your personal contact information will not be divulged. The offender’s submissions will be presented to you for comments if they make any.

  3. Personal items for which you can raise a claim include .

  4. Items of clothing and footwear.

  5. Eye wear used to correct eyesight. (spectacles, contact lenses)

  6. Hearing aids.

  7. Artificial teeth.

  8. Surgical implants used to relieve a physical disability.

 

And other items prescribed by regulations.


Contact our team of lawyers and we will help you. 

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