WHO CAN CLAIM CRIMINAL INJURIES?

If you are the victim of a criminal act and sustain injury (including mental injury, prolonged shock or pregnancy) you are entitled to bring a claim for criminal injuries compensation. Generally it is necessary for a person to be convicted, however, in certain circumstances such as where the offender cannot be identified you are still entitled to claim compensation.

HOW TO MAKE A CLAIM

  • Report the injury to your doctor or seek treatment (if you have not done so already).
  • Contact the police to report the criminal offence (if you have not done so already).
  • Generally assist the police in providing a detailed statement and keep a copy of the same (if you have not done so already).
  • Keep records of the costs that you have incurred because of the offence e.g. lost wages, medical expenses, travel, other items.
  • Contact one of our Kott Gunning team members to give you advice about your rights to make a claim under the Criminal Injuries Compensation Act.

    • HOW LONG DO I HAVE TO MAKE A CLAIM

    You generally have three years within which to lodge a claim with the Criminal Injuries Compensation Assessor. For people under the age of 18 at the time the offences occurred, or for offences prior to 1985 you should consult Kott Gunning for advice. In certain circumstances you can bring claims for offences (e.g. sexual assault) that occurred after 1971.

    WHAT CAN I CLAIM

    You can claim a lump sum benefit for:

    • General damage for loss of amenities of life, including the effect of physiological and psychological injuries.
    • Loss of earnings and earning capacity.
    • Past medical expenses (upon provision of vouchers/receipts as proof of incurring the expense).
    • The cost of replacing damaged property or personal effects such as clothing, upon provision of proof.
    • Future medical expenses can be claimed, then paid directly to the provider as incurred.

    There is currently a maximum statutory cap of $75,000 and awards for a single offence cannot exceed this amount. The claim is assessed by an Assessor employed by the Criminal Injuries Compensation Board who has sole discretion as to the amount that is to be awarded, based on a submission provided by your Kott Gunning solicitor.

    If you are dissatisfied with the Award Order you are entitled to instruct our team to lodge an Appeal, within 21 days of the Award Order, at the District Court.

    IMPORTANT

    When preparing a criminal injuries compensation claim you should have detailed evidence to prove the impact that the injuries have had upon you. Kott Gunning can assist you in advising what evidence is needed and generally prepare your claim so that all the necessary details are before the Assessor to maximise your claim for compensation.

    Please note that for all claims for offences that occurred prior to 1985 you should consult Kott Gunning for advice about how to make a claim as the procedure can be very different.