- Criminal Injuries Compensation
Criminal Injuries Compensation Claims
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Perth compensation law
Allon Klein Compensation Lawyer
I have over 30 years of experience fighting for injured West Australians, practising only in WA compensation cases. I provide specialist legal advice and expert legal representation.
You deserve your rightful compensation, and I will ensure that you get it.
Personal injury lawyer perth
Criminal Injuries Compensation Claims
The Criminal Injuries Compensation Act 2003 (WA) sets out the legal framework for compensating
- victims of crime who have suffered physical or psychological injuries
- relatives who have suffered psychological injuries as a result of a criminal offence inflicted on a loved one
- witnesses who have suffered psychological injuries as a result of the trauma of bearing witness to an offence or its aftermath.
- relatives who were financially dependent on a victim who died as a result of an offence.
The scheme is designed to provide compensation for injuries (pain and suffering), loss of income, and expenses related to medical and health treatment and in the case of the death of a loved one, compensation for loss of financial dependency, services and funeral expenses.
Personal injury lawyer perth
Criminal Injuries Compensation Claims
The Criminal Injuries Compensation Act 2003 (WA) sets out the legal framework for compensating
- victims of crime who have suffered physical or psychological injuries
- relatives who have suffered psychological injuries as a result of a criminal offence inflicted on a loved one
- witnesses who have suffered psychological injuries as a result of the trauma of bearing witness to an offence or its aftermath.
- relatives who were financially dependent on a victim who died as a result of an offence.
The scheme is designed to provide compensation for injuries (pain and suffering), loss of income, and expenses related to medical and health treatment and in the case of the death of a loved one, compensation for loss of financial dependency, services and funeral expenses.
Maximum that can be awarded
The Criminal Injuries Compensation Act 2003 (WA) sets out maximums that can be awarded. For crimes committed after 1 January 2004 the maximum for a single offence is $75,000.00 (even if committed by more than one offender), for multiple related offences $150,000.00, for multiple unrelated offences by the same offender $150,000.00.
Psychological injury of bearing witnesses to a crime or its aftermath
In some limited circumstances, a person who has suffered psychological or psychiatric harm, not as a result of being a victim of a crime, but as a result of bearing witness to a crime or its aftermath (e.g., arriving at the scene shortly after the crime occurred), in which the victim died or suffered injury, such as a violent assault, murder, or sexual assault, then criminal injuries compensation may be able to be claimed.
The eligibility for Criminal Injuries Compensation in Western Australia can be complex, when it comes to psychological harm, but a claim may still be possible.
Pain and suffering of family members
If a victim suffers injury or dies as a result of an offence or a crime, and a relative of that victim suffers psychological or psychiatric illness as result of the harm to their loved one or the death of their loved one, then that relative may be able to claim criminal injuries compensation.
Certain criteria will need to be met to qualify for an award. A parent or stepparent can make a claim in such circumstances even if they were not living with the victim at the time. For other close relatives (such as siblings or grandparents) there is a requirement to be living with the victim in order to make a claim.
Victim of crime who died leaving dependents
If a loved one dies as a result of the commission of a crime, then the personal representative of the deceased (usually the executor or administrator of the estate) can bring a claim for criminal injuries compensation on behalf of any close relative in respect of loss of financial dependency (the financial support the deceased was providing), loss of domestic or parental services as well as funeral expenses.
The offender not charged or acquitted
Sometimes the police are unable to identify an offender. In those circumstances the police will not lay charges. Sometimes the police can’t lay charges because the offender has died or is mentally unfit to stand trial. That will not however prevent compensation being awarded by the assessor if the commission of the crime can be proved to the assessor’s satisfaction.
If a person charged with an offence or a crime and is acquitted then, depending on the grounds of acquittal, it does not necessarily prevent you from receiving an award of compensation under the Criminal Injuries Compensation Act 2003 (WA). For example, an acquittal can occur because the Magistrate, Judge or jury even though satisfied a crime was committed is not satisfied beyond a reasonable doubt that the person charged was the offender.
Dispute assessor’s decision
If you have already submitted a claim but are not satisfied with the compensation awarded by the assessor or unhappy that the assessor rejected your claim under the Criminal Injuries Compensation Act 2003 (WA) then you’d be best advised to seek specialised legal representation and quickly.
There is a process in place for challenging an assessor’s decision, but it’s important to follow the correct procedures and strict timeframes.
Perth injury lawyer
No Win No Fee Lawyer Perth
If you don’t win your case, there will be no legal fees to pay to Klein Compensation Law.
We can also assist you with other legal costs called disbursements (such as medical report expenses and police report fees). These are separate from legal fees.
For more details, read our No Win No Fee Explainer.
“Allon was the most incredible help at a very stressful time of my life”
Allon was the most incredible help at a very stressful time of my life. Allon's compassionate and professional focus on getting the best outcome in my claim after a car accident meant I could look after my injury knowing that the complications of legal rights were being dealt with.
He took care to explain things to me reducing the confusion around my legal system. He helped explaining my options resulting in a healthy compensation that supported my recovery. I highly recommend his services to anyone who needs someone to trust and be supported in the complex world of law.
Alison
Car Accident Compensation Claim
"You have gone above and beyond"
It has been a pleasure working with you.
You have gone above and beyond and assisted me beyond any expectations I had.
Sam
Common Law Claim
“You made the process stress free”
Thankyou Allon for your recent assistance & representation for my personal injury claim.
You made the process stress free due to your professionalism & 25+ years of experience. You achieved a very good outcome with my compensation. I highly recommend your services to everyone.
Thank you.
Kane
Public Liability Compensation Claim
“Thank you for your assistance, knowledge, professionalism, and empathy over the past year ”
Dear Allon,
Thank you for your assistance, knowledge, professionalism, and empathy over the past year.
I sincerely appreciate all your work with gratitude and kindness.
Jo
Workers' Compensation Claim
Criminal Injuries Compensation Claims
FAQs
Making a criminal injuries compensation claim in Perth can be a complex process, get in touch if there any more questions I can help with.
What if I can’t afford a lawyer?
I offer a free first appointment in person, by phone, or by email to assess your criminal injuries compensation claim.
If I assess that your claim is will likely result in a payout, and I agree to take it on for you, then you have no need to worry about fees.
In those circumstances I will offer you my no win no fee service to run your claim with fees only payable upon your case being settled for a lump sum. No fees will be payable along the way to settlement of your claim and in most of cases most of your legal fees will be covered by the insurer over and above your settlement when your claim settles.
You will receive a full explanation of my no-win no fee service at your first appointment.
What if I don’t know the name of the offender and the police were unable to find the offender. Can I still get compensation?
The answer is yes. So long as there is no disentitling conduct on your part you can still receive an award.
The Criminal Injuries Compensation Act 2003 provides that the victim can still pursue compensation in these circumstances so long as you are able to prove to the satisfaction a Criminal Injuries Assessor that you suffered injury as the result of the commission of a crime.
What if the alleged offender was acquitted. Can I still get compensation?
In some cases, the answer is yes and in some cases the answer is no.
There can be many reasons why the police decide not to charge someone for examples the police may think they are unable to secure a guilty verdict, or the police may decide the alleged offender is not fit to stand trial.
Even though the police decided not to lay charges you might still be able to receive an award.
The Criminal Injuries Compensation Act 2003 provides compensation can still be awarded in these circumstances so long as you are able to prove to the satisfaction a Criminal Injuries Assessor that you suffered injury as the result of the commission of a criminal offence.
I suffered psychological injury even though I wasn’t the victim of the criminal offence. Can I still get compensation?
If you suffered psychological injury as a result of being present at or immediately after a criminal offence was committed, then you might be able to receive an award of criminal injuries compensation.
If you suffered psychological injury as a result of a close relative suffering injury as a result of the commission of a criminal offence, then you might be able to receive an award of criminal injuries compensation.
What is my claim worth?
This is not a simple question to answer. There are many considerations that can affect the worth of a criminal injuries compensation claim, such as:
- Whether you have a valid claim
- Whether you were partly to blame for the incident
- The nature and extent of the injuries you suffered
- The effect the injuries have had and will continue to have upon your general way of life, your earning capacity, and treatment needs.
- How long lasting your injuries are and whether they are likely to be permanent.
- Whether you had any pre-existing injuries or condition
- Circumstances that might cause the assessor to reduce or refuse an award
What am I entitled to?
If you have a valid criminal injuries claim, then the compensation you are entitled to can include:
1. Injuries (this is compensation for pain and suffering, loss of enjoyment of life and loss of amenities.)
2. Loss of earning capacity (including superannuation) both past and future;
3. Hospital, surgical, medical, pharmaceutical and other treatment expenses both past and future;
4. Compensation for damage to personal item being worn at the time such as clothing or glasses.
5. Travel expenses.
The most that can be awarded for a single offence is $75,000.00. In some circumstances $150,000.00 can be awarded if a person was the victim of multiple offences by the same offender.
How long will it take to finish my claim?
Your criminal injuries compensation case should only be submitted for assessment when it is in your best interests to do so.
That will be when your injuries have reached medical stabilisation to the extent that a medical specialist can give an opinion with a fair degree of confidence as to the likely long-term effects your injuries will have upon you including you general way of life, your work capacity, your future need for medical, pharmaceutical and other treatment and/or your future need for services of a nursing or domestic nature.
Once your claim is submitted it then await consideration and determination by an assessor. There are a limited number of assessors but there are many claims made each year. There will be a considerable wait for your claim to be assessed after it is submitted which can be as short as 3 months but can be as long as 12 months or even longer.
Do time limits apply?
Yes, time limits apply.
The Criminal Injuries Compensation Act 2003 states that compensation application must be made within 3 years after the date on which:
- the offence was committed; or
- if it relates to more than one offence, the last of them was committed.
An application can be made after that 3 year period if an assessor thinks it is just to do so.
If the time limit is not strictly adhered to you could forever lose your right to obtain compensation.
Who pays my compensation?
Your award of criminal injuries compensation will be paid from WA State controlled funds.
Am I entitled to a payout?
If the assessor is satisfied that you suffered injury as a result of the commission of a criminal offence, then you will be entitled to a once and for an award of criminal injuries compensation so long as no disentitling circumstances apply. Those circumstances can include;
- you unreasonably failed to assist in the identification, apprehension or prosecution of the offender.
- you were committing a separate offence when you suffered injury.
- your award may be refused or reduced if your behaviour contributed to the injury-if you have already received payment for some of your losses from other sources such as other compensation or insurance benefits, then those payments will be deducted from your award.
Is any of my compensation paid before my claim is finished?
You can obtain one or a number of interim awards pending finalisation of your criminal injuries claim for expenses incurred or losses but the amount that can be awarded on an interim basis in total cannot exceed $2,250.00.
I am not happy with the assessor’s award. Should I accept it?
If you are not happy with the assessor’s award, then you should get legal advice immediately.
You have the right to appeal but you only have 21 days from the date of the decision to commence an appeal.
Your rightful entitlement to compensation may be more than the award. Often unrepresented claimants do not receive an award of their rightful compensation because they did not properly present their claim to the assessor, or they did not obtain and submit all the appropriate evidence.
Appeals are expensive and should only be considered in very clear cases.
Compensation claim explainer
Understanding the Compensation Process
Determining if you have a claim and how likely your claim is to be successful can seem overwhelming and complicated. Whilst it is indeed complex, it is also actually quite manageable with the correct advice and support from an experienced lawyer.
My promise to you is transparency, empathy and support combined with skilled advice from decades of experience.
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