Have you ever been in a situation of being injured, as a result of an assault, a sexual assault, or unlawful wounding? It’s a quiet frustrating situation! But, remember, you have the right to fight for the compensation and know the factors that may affect the compensation you may receive for your injuries. Talk with your criminal injury lawyers in Perth to know more about criminal injuries compensation claim.
Criminal Injuries Compensation Claim
If you are suffering injuries related as a result of an assault, you are eligible to make a claim for criminal injuries compensation. Even if the offended is not convicted of a crime, you’ve the right to claim for the criminal injury compensation. In criminal proceedings, based on the evidence presented, on a balance of probabilities, the criminal action, the Assessor of Criminal Injuries Compensation may make an award of compensation. The award of compensation can be still made even of both the persons are not charged for the criminal act.
Common Law Claim Damages
If the offender has the sufficient financial means to satisfy a judgment against him, common law claim damage can be made. This claim would be fruitless if the offended has no financial means. You can take this option for your compensation, if the damages exceed the maximum amount of compensation. Take careful considerations before proceeding with this option.
Criminal Injuries Compensation Claim and Common Law Claim Damages
When the damages for your criminal injury exceeds more than A$75,000. But, one should remember that the Criminal Injuries Compensation Act prevents a person from receiving compensation twice for the same action. Hence, you cannot expect any award from the Assessor for Criminal Injuries Compensation if full loss and damage is recovered from an offender.
- If you are attacked by a security staff in a public place, you can pursue both criminal injuries compensation and public liability claim for negligence. Such claim can be made against the public liability insurer of the premises where the injury is sustained.
- You are entitled to make criminal injuries compensation claim if the assault took place whilst in the course of employment. In such cases, you can get help from your workers compensation lawyers Perth to resolve the issue.
Factors that Influence a Higher Award
- The more serious your criminal injuries are, the more compensation you are likely to receive.
- The time-frame of the pain and suffering you endure. The longer the time-frame, the more compensation will you receive.
- The duration of the medical treatment you are receiving for the injuries.
To make sure that you receive the right compensation for the criminal injuries you are suffering, immediately report the offence to the police and provide them with as much as information possible in relation to your pain and suffering. Collect proofs and lodge any criminal injuries claim within the relevant time periods prescribed by law to get the highest compensation award. Contact your personal injury law firm in Perth today to know more.