Making a physical, mental or sexual abuse claim
Intentional bodily injury, non-consensual sexual contact or deliberate behaviour aimed to cause fear, control, offence, humiliation or isolation is classified as abuse.
Coming to terms with mental, physical and sexual abuse can be an incredibly difficult process and the effects can last a lifetime. While no amount of money can take away the pain the abuse has caused, compensation may be available to help you access the care and support services you need.
Our abuse law experts have a proven track record of empowering survivors and striving to obtain the outcomes that truly matter to you and your loved ones. The team are all trained in trauma response awareness, to ensure every abuse survivor is provided with compassionate and competent legal representation.
We have experience running a wide range of abuse claims, including where individuals were subjected to abuse within:
The Shine Lawyers abuse team have been working with survivors and the Royal Commission since its foundation in 2013 to investigate and report on the response of institutions to allegations and instances of child sexual abuse. Read more here.
If you have experienced sexual harassment within your workplace, our employment law team can provide specialised support. There are two types of legal avenues for survivors of abuse; a criminal case or a civil case. Learn more here.
Your compensation is related to your situation and the evidence available.
A successful claim will often involve:
An acknowledgement or apology for the wrongdoing
Care and domestic assistance
Financial compensation for:
Medical treatment and related expenses
Loss of income
Pain and suffering
How long will it take?
The timing of your claim depends on your situation and the type of claim process that is right for you.
We recognise the importance of ensuring all litigation is run in a respectful and empathetic manner. Wherever possible, we try to find alternatives to the stress of traditional litigation and explore ways of resolving claims that are more sensitive to your specific needs.
Types of abuse law claims
An abuse law claim is usually against an institution to seek compensation for a psychological injury that resulted from:
mental abuse; and/or
In some circumstances, an abuse law claim may also be made against an individual.
Our team has significant experience achieving successful outcomes for our clients; we know the best approach to secure the justice, acknowledgement and compensation you deserve.
Additional claim types
Depending on the circumstances of your claim and what state the incident happened in, you may be eligible for other forms of compensation. Our expert team will help you understand your claim options.
They could include:
Preparing for a claim
When preparing to make a claim, consider the following:
If you choose to, report the abuse
We can support you if you would like to report the abuse to the police. If you do so, we can use this report to provide you with advice if you prefer.
Trauma informed lawyers
We recognise the bravery it takes to reach out. Our lawyers have been trained in a trauma-informed approach and will gently guide you through the process.
Shine Lawyers mental health team
We have a dedicated mental health team to provide care and counselling services whenever you may need them.
Review your claim with our simple and free online tool.
What we will ask:
Questions to help us understand your experience and how your life has been impacted. Your responses will help us define the best course of action for your claim.
What happens next:
Either book a no-obligation appointment with a medical negligence expert right away or,
Speak with our team about your options
We listen and assess your case confidentially
During an obligation-free initial consultation, we’ll take the time to listen and understand your individual needs. We will fully explain the legal process to you so that you understand your rights and feel in control.
We’ll build your case and keep you informed
Your go-to legal team will work with you to gather all the evidence needed to support your claim. All evidence will be considered so we can assess your options and provide guidance tailored to your specific situation.
We’ll negotiate to settle your claim early
This may involve directly approaching the institution concerned to engage in informal negotiations outside of the court process.
We know that you’ve been through enough. Wherever possible we will seek to minimise any stress this process could have for you and resolve your claim in a way that is sensitive to your needs.
If required, go to court
Only a small percentage of cases result in a court hearing. If this happens, we will be by your side; providing support, compassion and skilled legal representation every step of the way.
We will also work closely with your family, primary care providers and/or medical support to reduce any stress or inconvenience from this process wherever possible.
Resolve your case
We will passionately work to deliver the outcomes you deserve; acknowledgement, apology and compensation.
Do you have a claim?
We’re here to make the claims process as simple and stress-free as possible.
Is there an abuse lawyer near me?
With more than 40 branches across Australia and 1000+ team members, location is no barrier when it comes to accessing Shine Lawyers legal advice and support.
If you’d like to speak to our abuse law team in person, you can see our full list of locations here.
If you aren‘t able to find a location near you, we can easily arrange an obligation-free virtual appointment or discuss the option to meet at a location that’s comfortable and convenient for you. No matter where you are located, we will always provide the same expert advice and manage your claim with the same level of quality and commitment.
Can I claim compensation for historical abuse?
Changes have been made across Australia allowing childhood abuse survivors to bring their claims to the courts, regardless of when the abuse occurred. View the changes here. Unfortunately, in some States, time limits still apply for childhood abuse that is not sexual and for the sexual abuse of adults.
We encourage you to seek legal advice as soon as possible to ensure you don’t miss any important deadlines. Get in touch today to understand your rights.
What is the National Redress Scheme Payment?
You may also have rights under a compensation redress scheme, such as the National Redress Scheme or a Victims of Crime Scheme (if the perpetrator has been convicted of a crime).
Due to the challenges and time limits with historical abuse claims in court, redress schemes may be a good alternative for your situation.
Why trust Shine to be my abuse lawyers?
We have helped thousands of Australians right wrong and access more than $1 billion per year in entitlements and compensation through our expert services.
95% of the cases we represent are settled without the stress of going to court.
We offer access to affordable legal advice including on a No Win, No Fee* basis and an obligation-free initial consultation so you can understand your rights and know where you stand.
Lobbying for change
We are proud to stand up for the rights of everyday Australians by helping them find their voice and shape a better future for our country.
We continue to fight for legislative change in ways that support survivors of abuse to access the acknowledgement, compensation and services they deserve:
Submissions to the Royal Commission into institutional responses to child sex abuse which ultimately led to the Royal Commission:
Taking significant steps to abolish time limitations in abuse cases; and
Implementing the Commonwealth Redress Scheme
Lobbying the Victorian State Government on behalf of survivors of forced adoption to:
Create a redress scheme for mothers and children that included financial compensation, counselling and psychological support;
Make the claims process easier for mothers; and
Removing the statute of limitations