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Questions About Victim Injury Compensation Claims
Am I eligible for criminal compensation?
What time limits apply in a claim for criminal injuries compensation?
Do I need legal advice from a criminal compensation lawyer?
Shine Lawyers offer a no win-no fee arrangement for criminal compensation claims
Making a Victim Injury Compensation Claim
Even in circumstances where the offender has not been charged because they cannot be identified or located, you can lodge a claim under the Criminal Offence Victims Act 1995.
The Act is an endeavor by the legislature to protect the rights of the victim and provide compensation for criminal injuries. Persons who can lodge a claim include victims of an offence who are injured, or the close relatives of a person killed as a result of the offence.
Time limits apply for making a criminal compensation claim. There is a 3 year time limit on making a claim for criminal compensation in Queensland. If an offender is charged and convicted, the 3 year time limit commences from the date of the conviction. Alternatively, if the offender has not been charged because they cannot be identified or located, the 3 year time limit runs from the date of the offence.
The complexity of time limits in criminal compensation law makes it critical that you obtain advice about your situation immediately. A criminal compensation specialist, will be able to provide legal support and advice on your injury and which criminal compensation scheme applies to you, plus your eligibility for a criminal compensation claim and the criminal compensation benefits available.
Victim Injury Compensation Claim Information
You can claim criminal compensation if you are the victim of a crime that occurred in the state of Queensland if:
• You have been the victim of a ‘personal’ offence (e.g. assault, rape, stalking, and robbery). Injuries may include physical and psychological injuries.
• You were financially dependent on someone who was killed as a result of a criminal offence.
• You were injured helping a police officer you. If so you and any other financial dependents might be given a share of an ex-gratia payment by the government.
The offender must have been convicted in the District Court or Supreme Court. However, if the matter did not go to court you are eligible for an ex-gratia payment by the government if:
• police could not identify the offender or the offender was charged but died before conviction
• the offender is under the age ten years
• the offender is of unsound mind
• the offender is unable to pay
You may be entitled to criminal compensation, if any of the above circumstances apply to you.
Time limits apply for making a criminal compensation claim. Under Queensland Law, there is a 3 year time limit on making a claim for criminal compensation.
It is possible for a claim to be brought outside the prescribed time limit (including childhood sexual crime). However, it is important that you obtain legal advice from a criminal injuries compensation expert to safeguard your interests in relation to the common law damages time limit.
Alternatively you may have a common law claim, which includes issues like negligence, duty of care and battery and requires court action. To get the best advice for your criminal compensation claim, please seek independent legal advice at the earliest opportunity following your injury.
If you engage a criminal compensation lawyer as soon as practical from the criminal act, you will be well prepared to deal with many of the challenges that may emerge in the course of your claim. Early investigation and information gathering is critical to the success of your claim. The quality of the evidence may affect the compensation amount.
Shine Lawyers’ focus on personal injury compensation as our core business has enabled superior efficiency and consistent performance. Your highest priority should be to maximise the extent of your physical and psychological recovery.
Every victim of crime is entitled to fundamental principles of justice and criminal compensation. Shine Lawyers will only charge fees for criminal compensation claims if the outcome is successful. In other words, no win – no charge. This means that despite financial circumstances everyone has access to justice and legal representation.
Shine Lawyers also offer a free initial consultation with one of our criminal compensation lawyers to give private legal advice on your individual criminal compensation claim.
If you believe you have suffered an injury as a result of a criminal accident, please seek legal advice as soon as practical. The complexity of time limits in a criminal compensation case makes it critical that you obtain advice about your situation immediately.
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