Criminal Injury – The Compensation Claim Options You need to Know

If you have been injured due to a criminal act such as assault or any other acts of crime, know that you have rights to make a claim and receive a fair compensation. Getting the assistance of an experienced personal injury lawyer in Perth will be immensely helpful, as their knowledge and ability to deal with cases like these will help you attain an ideal compensation. Here are your options to make a claim:

Make a Claim to Receive a Fair Compensation for Criminal Injuries:

As per the Western Australia legislation, the maximum amount of compensation one could receive is $75000. There is a common misbelief that a person cannot make a criminal injuries compensation claim, if the offender is not guilty of a crime. That is not how it works.

If the Assessor of Criminal Injuries Compensation is convinced with the evidence provided, you shall be awarded with compensation. Compensation may still be provided even if no one was charged for the crime due to lack of evidence or if the offender is missing. Compensation will also be offered even when the convict is acquitted.

Make a Common Law Claim for Damages:

Common law claim is meant for those who need to sue the wrongdoer personally. According to a personal injury lawyer in Perth, this claim shall be made if the offender has the necessary financial means to pay for damages. If not, making a common law claim will be useless.

Common law claims usually involves court proceedings. Legal fees would be applicable here, however the compensation awarded would be relatively higher in this option, with no limit on damages.

Make both Criminal Injuries Compensation and Common Law Claim:

This claim shall be made if the damages exceed $75000 and the person who committed the crime has the financial resources to fulfil the judgement. The Criminal injury lawyers in Perth explain that the Criminal Injuries Compensation Act prevents a person from obtaining compensation for the same injury twice. Hence, if the compensation for damages are obtained from the offender in full, no further contributions will be offered by the Assessor for Criminal Injuries Compensation.

File a Public Liability Claim:

If the injury is caused by someone in a public setting, the victim shall make a public liability claim. This claim would be made against the owner or insurer of the public place where the injury was sustained. As mentioned earlier, if the compensation is awarded by the public liability insurer, no further compensation will be offered by the Assessor for Criminal Injuries Compensation, per the Criminal Injuries Compensation Act.

The individual shall also make a restitution order against the miscreant, and is applicable for all the aforementioned options. The restitution received through a court order will be accordingly deduced from the award received through the Criminal Injuries Compensation Act.

Criminal injuries are not easy to deal with, which is why utilising the expertise of a personal injury law firm in Perth is inevitable. Get in touch with a professional today.

The author is an experienced personal injury lawyer in Perth working in a leading law firm for years. He explains the compensation claim options available for those injured by a criminal act. For more, visit https://www.trewinnorman.com.au

Based in Perth’s Northern Suburbs, Trewin Norman and Co are a specialist practice offering legal advice and representation in all areas of personal injury law including motor vehicle accidents...