Criminal Injury Compensation

The items you can claim for really depend on your situation and the injuries sustained. Our expert lawyers will be able to tell you exactly what you can claim for once they have reviewed all of the details of your case.

Generally, you can claim for:

• Any medical/psychological expenses
• Loss of income
• Any at-home care required
• Loss of quality of life
• Pain and suffering

The amount you receive will depend on the extent of injuries and losses that you have suffered.  The maximum compensation that may be awarded also depends on the date of the offence:

You may not be eligible for compensation if you:

• Have not reported the offence to the police within a reasonable time (unless you can demonstrate the delay was reasonable);
• Failed to assist police in their enquiries regarding the arrest or prosecution of an accused person;
• Have claimed for injuries, expenses or losses from another source (for example, motor vehicle claim, workers compensation claim etc); and
• Are not the primary victim of an offence.

Compensation may be reduced or refused if the assessor considers a person’s behaviour contributed to the injury, or was committing a crime when the incident occurred.

You have three years from the date of the offence or the last offence to lodge an application.

If you decide to appoint legal representative to assist you with the application, It is of extreme importance that you advise your lawyer of the correct date of the offence as errors may not be capable of being rectified at a later stage.

In the event that your instructions on the date of injury is inaccurate, there is a possibility that you are not eligible to make an application if your claim is outside of the three years’ time limitation.

Under limited circumstances, if your claim is outside of the three years’ limitation, you may still apply for compensation, but an extension of time must be sought. You will need to provide written reasons for the delay with your completed application.

Criminal injury claims cover a certain range of situations and circumstances in Western Australia. If you think you may be entitled to criminal injury compensation, we strongly urge you to contact LHD Lawyers to speak with one of our experienced lawyers as soon as possible.

Below are some examples of injury situations that may entitle you to seek compensation:

• Injuries sustained through physical assault
• Head or dental Injuries sustained from Coward punches
• Sexual Assualt
• Sexual Assualt of a minor
• Attacks that occurred in a public place – such as an AFL Game
• Server Cuts or lacerations as a result of a knife or machete attack