What is a criminal injury?
Criminal injury schemes allows for victims of criminal incidents to apply for crime compensation for injuries or financial losses sustained as a result of someone else’s offence or alleged offence
Victims of crime can be compensated for injuries, in accordance with the Criminal Injuries Compensation Act 2003 (“the Act”). Compensation can be sought for an incident reported to the police regardless of whether a person has been identified, charged or convicted of the offence.
Who is eligible for criminal injury compensation?
You may be eligible to claim compensation under the Act if you are a:
- Victim of an offence and are injured and/or experience loss as a result of the injury.
- A close relative of a person killed as a result of an offence and experience loss.
- The criminal injuries compensation scheme is designed to provide compensation if you suffer bodily harm, mental or nervous shock, or pregnancy resulting from an offence.
How much compensation do crime victims get in Western Australia?
The amount of compensation that crime victims can receive in Western Australia depends on the type and severity of the crime, as well as the losses and expenses incurred as a result of the crime. The Western Australian Government provides financial assistance to victims of crime through the Criminal Injuries Compensation Scheme (CICS).
Under the CICS, victims of crime can receive compensation for a range of losses and expenses, including:
- Medical and counselling expenses: This includes the cost of medical treatment, psychological counselling, and other related expenses.
- Loss of income: If the victim is unable to work due to their injuries, they may be able to claim compensation for lost wages.
- Pain and suffering: Victims may be able to claim compensation for the physical and emotional pain and suffering caused by the crime.
- Funeral expenses: If the victim has died as a result of the crime, their family may be able to claim compensation for funeral expenses.
The maximum amount of compensation available under the CICS is $75,000, although this can be increased in exceptional cases. It is important to note that compensation is not automatic and must be applied for through the CICS.
If you have been the victim of a crime in Western Australia, it is recommended that you seek legal advice from a specialist victim compensation lawyer to determine your eligibility for compensation and to assist with your application.
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Yes, victims of crime in Australia can claim compensation for the losses and expenses they have incurred as a result of the crime. Each state and territory in Australia has its own scheme or program for providing financial assistance to victims of crime.
These schemes can provide compensation for a range of losses and expenses, including medical and counselling expenses, lost wages, pain and suffering, and funeral expenses. However, the specific eligibility criteria and compensation amounts may vary between states and territories.
In order to claim compensation as a victim of crime, you will generally need to report the crime to the police and cooperate with any investigations or legal proceedings. You may also need to provide evidence of your losses and expenses, such as medical bills and payslips.
It is recommended that you seek legal advice from a specialist victim compensation lawyer to determine your eligibility for compensation and to assist with your application. They can guide you through the process and help you to maximise the amount of compensation you are entitled to.
Yes, there are time limits for making a victim of crime claim in Australia. Each state and territory has its own time limit, which can vary depending on the type of crime and the circumstances of the victim.
In general, it is important to lodge a claim as soon as possible after the crime has occurred. This is because some schemes and programs have strict time limits, and lodging a claim early can help to ensure that you receive compensation as quickly as possible.
In some states and territories, the time limit for making a claim is as short as one year from the date of the crime. In other states and territories, the time limit may be longer, such as three years from the date of the crime. It is important to check the time limit in your state or territory and to seek legal advice if you are unsure about whether you are still eligible to make a claim.
If you have been the victim of a crime, it is recommended that you seek legal advice as soon as possible to determine your eligibility for compensation and to assist with your claim. A specialist victim compensation lawyer can help you to navigate the claims process and ensure that you receive the maximum amount of compensation you are entitled to.
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:
|On or after 1 January 2004||$75,000|
|Between 1 July 1991 and 31 December 2003||$50,000|
|Between 1 January 1986 and 30 June 1991||$20,000|
|Between 1 January 1983 and 31 December 1985||$15,000|
|Between 18 October 1976 and 31 December 1982||$7,500|
|Between 22 January 1971 and 17 October 1976||$2,000|
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. 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