Questions About Victims Compensation
Am I eligible to claim Victims Compensation?
How much victims compensation am I eligible to receive?
What time limits apply in a claim for victims injuries compensation?
Do I need legal advice from a victims compensation lawyer?
Shine Lawyers offer a no win-no charge arrangement for victims compensation claims
Making a Victims Compensation Claim
Regardless of whether or not a person has been identified, charged or convicted of the offence you can lodge a claim as part of the Victims of Crimes Assistance Act 1996.
The Act is an endeavor by our judicial system to protect the rights of the victim and provide compensation for criminal injuries. Including, victims of an offence who was injured and/or experiences financial loss as a result or a close relative of a person killed as a result of the offence.
Time limits apply for making a criminal compensation claim. Under Victorian law, there is a two year time limit on making a claim for criminal compensation and this varies with regard to the offender's whereabouts.
The complexity of time limits in criminal compensation law makes it critical that you obtain advice about your situation immediately. Phone Shine Lawyers on 13 11 99 for an obligation free discussion about your case.
A criminal compensation expert from Shine Lawyers 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.
Victims Compensation Claim Information
You can claim criminal compensation if you are the victim of a crime that occurred in the state of Victoria if;
• You suffered an injury or died as a direct result of an act of violence offence (e.g. assault, rape, stalking, and robbery). Injuries may include physical and psychological injuries, a sexual offence, or an actual or threatened assault or injury to a person.
• You are financially dependent on someone who was killed as a result of a criminal offence.
The criminal compensation amount depends on the particular circumstances of the crime and whether you are classified as a primary, secondary or related victim:
Primary Victim
Is a person eligible for criminal compensation if they suffered an injury or died as a result of a criminal act or trying to prevent or rescue someone from a criminal act or arrest someone they believe, has committed a criminal act.
They may be awarded up to $60 000. As well as, any special financial assistance, to cover immediate and future expenses incurred as a result of the criminal act such as: counselling, medical expenses, and loss of earnings of up to $20 000 for no more than 2 years following the criminal injury.
Secondary victims (parents and guardians of victims of crime)
Is a person who is present or at the scene of a criminal act and injured as a result, including, the parent or guardian of the primary victim of minor.
They may be awarded up to $50 000 for expenses incurred (or likely to be incurred) as a result of the criminal act for reasonable counseling and medical expenses, and/or loss of earnings of up to $20 000 but only in exceptional circumstances.
Related Victim
Is a person who had a genuine personal relationship with the victim who has died as a result of the criminal injury. This includes a close family member, dependant or someone who had an intimate personal relationship with the primary victim.
A related victim may be awarded up to $50 000 (maximum $100 000 if more than one related victim applies for assistance unless exceptional circumstances exist) for the distress experienced for reasonable counseling and medical services, funeral expenses or other loss of money expected from the deceased.
Funeral expenses
A person who has incurred funeral expenses from the death of a primary victim and who is not a related victim may be awarded assistance for funeral expenses.
A claim must be bought within 2 years after the occurrence of the criminal act or, a person who has incurred funeral expenses, within 2 years after the death of the primary victim.
It is possible for a claim to be brought outside this 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 can 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.
Our focus on personal injury compensation as the 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. That is why 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 an obligation free initial consultation with one of our criminal compensation lawyers to give private legal advice on your individual criminal compensation claim. This personalised approach is how Shine Lawyers try to reduce the stress that a criminal injury can cause in the lives of innocent people and their families.
Shine Lawyers’ criminal compensation lawyers work exclusively in this area of personal injury litigation, giving us detailed knowledge assessment methods to efficiently prepare and submit your criminal compensation claim and ensure that you receive your maximum entitlement.
To ensure that you get the best result for your criminal compensation claim benefits speak with one of our experienced criminal compensation lawyers.
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