VICTIMS OF CRIME COMPENSATION
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Award-Winning Compensation Law Firm
We have won several awards including APAC’s coveted Best Personal Injury Law Firm Australia 2025.
Proven Track Record
50+ Years of Combined Experience litigating Personal Injury Cases means a successful outcome is on the table.
5 Star Reviews Everywhere
We’re in it to win it and we fight hard for our clients. That’s why anywhere you look you will find 5 star reviews.
No Win No Fee Guarantee
Our No Win No Fee guarantee includes all disbursements. Your payout will always significantly outweigh our legal fees.
If you or someone you know has been the victim of crime, you understand that managing the impacts of that experience can feel like an extraordinary task. Whether domestic violence, family violence, sexual abuse or other sexual offences, or psychological abuse, the complicated emotions that stem from surviving an act of violence can feel overwhelming, particularly for young people, and it can be difficult to know who to turn to for help.
If you have suffered from bodily harm, loss of earnings, psychological injuries or otherwise as a result of an act of violence or criminal offence, you may be entitled to financial assistance or compensation. We understand the confusion that comes with navigating court processes, filling out piles of application forms, and figuring out how to receive the compensation and financial assistance you require. This article focuses on running a private civil matter OR the option of victims support services available in NSW.
Civil Litigation
An alternative to financial assistance or counselling services through a victims support services scheme is to pursue a compensation claim by bringing a court case against the perpetrator. While this is a more complex and costly way to seek compensation for any loss or damage suffered as a result of the crime, there are no limits on the amount of a civil compensation claim.
In order to pursue a civil compensation claim, it is critical that you obtain sound legal advice and representation to ensure the best outcome for you. Given the emotional stress involved in court cases and the often complex legal processes required to determine civil compensation claims, representation is vital to ensure that you are well-equipped to receive the compensation you deserve.
In addition, limitation periods applicable in each Australian jurisdiction mean that time limits apply to making of civil claims for personal injury, including compensation claims for bodily harm, psychological injuries, sexual abuse, domestic violence and acts of violence generally.
While civil litigation can be costly, many civil compensation claims are resolved through a settlement negotiation prior to the matter being heard in Court or any court processes being engaged. Our legal team is available to guide you through this process with expert legal advice, to represent you in any correspondence and negotiations, and to fight for your right to any criminal injuries compensation to which you are entitled.
Our personal injury lawyers are experienced in managing the civil compensation claims process, including representing you in any settlement negotiations and obtaining court support, where settlement negotiations fail. We can also advise you as to whether going through court processes, which are often emotional and confusing, is right for you.
Why pursue a civil compensation claim as a victim of crime?
There are a few advantages to civil compensation claims. First, the standard of proof required to prove a criminal offence occurred is lower in civil proceedings. You only need to show it is more likely than not that the criminal offence or act of violence took place. Secondly, civil litigation allows victims of violent crime to seek compensation in the form of damages. These damages are not limited in the way financial assistance from victims support services are. Thirdly, civil compensation claims can be made against an employer or institution if it can be proven that the organisation was negligent in allowing the act of violence to take place. This often increases the compensation available to victims of violent crime.
Must the perpetrator have been convicted of a criminal offence?
No. A civil claim is entirely separate to criminal proceedings in a criminal court, and you may prove a civil claim even in the absence of any criminal offence being proven in a magistrates court. A charge or conviction, or evidence of a police investigation will however assist in establishing a civil compensation claim.
Where do I start if I believe I have a compensation claim as a victim of violent crime?
For advice on whether a compensation claim might be right for you and for more information on our legal services, please contact our law firm for a free consultation. We can guide you through how the court processes might apply to your matter, and whether you may be entitled to make a compensation claim for any acts of violence committed against you.
Victims of crime compensation – What can I claim?
If a civil claim is successful in establishing liability, a victim of violent crime is entitled to seek compensation for damages for a range of loss and/or damage, provided that loss or damage is also proven. These include pain and suffering, loss of earnings, compensation for psychological injury, any medical or treatment costs, among others. For a confidential discussion of what compensation you may be entitled to, contact our experienced lawyers today.
In a nutshell...
Compensation claims can be lengthy, emotional and costly, but may provide the best avenue to pursue a compensation claim for victims of domestic violence, family violence, or acts of violence generally – particularly those who feel let down by the criminal law. It is critical to obtain sound legal services to ensure a compensation claim is right for you, and to obtain ongoing legal advice and representation throughout your matter.
Our legal team specialises in criminal injuries compensation claims and if we believe you have a strong claim, can offer a no win no fee structure so that you can rest assured knowing we are in your corner.
Speak to a lawyer today
If you are the victim of violent crime and wish to make a compensation claim for any loss or damage you have suffered, it is essential that you have help from expert personal injury lawyers who can manage your matter in a sensitive, professional and emotion-free manner.
Take the stress out of navigating complicated legal processes by contacting our expert criminal injuries compensation lawyers for a consultation today. We can assist with compiling and drafting documentation including any application forms or victim impact statements. We can also provide honest advice regarding on any victims rights you or your family members may have.
Am I entitled to victims of crime compensation?
Victims of crime compensation entitlements differ across Australia, depending on the State you are in and the support services available in your jurisdiction.
Compensation following an act of violence can be sought in a number of ways. One is via civil litigation covered above, and another is through the victim’s support service available in your jurisdiction.
In NSW, entitlement to victim’s of crime support is available to the following under the NSW Victims Support Scheme:
- Primary victims – if you are the direct victim who has suffered physical or psychological injury as a result of a criminal act of violence against you, or a person who is otherwise involved in interfering with the carrying out of violent crime;
- Secondary victims – those who have witnessed a violent crime (who are entitled to counselling services); and
- Family victims – those who are the immediate family members of a homicide victim.
An explanation of the counselling services and financial assistance schemes available to each category is explored in more detail below. For a confidential discussion or if you would like further information regarding the support services that would suit your matter, contact our expert personal injury lawyers today.
Primary victims
Under the NSW Victims Support Scheme, primary victims of violent crimes are entitled to the following (subject to time limits for any financial assistance):
- 22 hours of free counselling, with the option for more where required;
- Financial assistance to meet immediate needs of victims, up to $5,000 to assist with any urgent expenses;
- Ongoing financial assistance to help with economic losses or out-of-pocket expenses incurred as a result of the act of violence (including loss of earnings, medical expenses, justice-related expenses and compensation for lost or damaged items such as clothing).
- Recognition payments – to recognise the trauma experienced by victims of violent crime, and range from $1,500 to $15,000.
Under the Scheme, any parent, step-parent or guardian of a primary victim who is a child is also entitled to certain financial assistance for immediate needs and financial loss as a result of the crime, as a related victim.
Secondary victims
Secondary victims are not entitled to financial assistance or recognition payments, but are entitled to counselling services of up to 22 hours.
Family victims
Family victims include a spouse, primary carer (including parent, step-parent or guardian), dependant, or sibling of a victim of a homicide. Under the Scheme, family victims are entitled to the following:
- counselling services;
- financial assistance for immediate needs;
- financial assistance for justice-related expenses (legal costs); and
- financial assistance for the funeral of the primary victim.
Disclaimer
The above is general legal information and should not be considered legal advice. You should speak with one of our migration lawyers for legal advice tailored to your specific legal matter. The courts and tribunals deal with matters on a case by case basis.
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What our Clients Say
Jack Finch17/10/2023 Was a pleasure working with this firm, our Lawyer Gabriel was amazing, very polite and very professional. Our lawyer ensured that we had all the documents we needed and more to guarantee us our sponsorship. No kickbacks, no second attempts. All granted on first attempt (I know someone who went with a different firm and got rejected twice for sponsorship). All-in-all, Visa applications can be stressful and strict, I would highly recommend getting a lawyer and if you do, make sure it's a good one such as these or your gonna have a tough year ahead. Betty George26/09/2023 Have found Gabriel at Jameson law, very friendly and approachable and efficient and helpful, what you need in the law firm - not intimidating. Got my issue sorted & got a good result, will definitely recommend Gabriel & her colleagues - like Sali who are extremely helpful as well, lovely Office & lovely people. Kathleen noor mubeena21/09/2023 My sincere thanks to Gabriel Mackenzie @ jameson law for the guidance, support and assistance with visa processing. I'm really so grateful and thankful for her efforts for making this to get happened. Kashish Talwar14/09/2023 My sincere thanks to Wissam Philopos. Wissam is a great lawyer and a very kind human being. He is very knowledgeable, super professional, a great lawyer and has guided me in every aspect of my case. I was so frightened and confused earlier but he and Jameson law as a firm has helped me a lot. Best thing is they understand problem of a person and helps to their best. I highly recommend taking advice from Jameson law and. Thank you Wissam. Punit Mathur11/09/2023 I received professional and correct advice by Gabriel on my Citizenship and Permanent Resident Return Visa application. Gabriel's advice has helped me take steps in the right direction which resulted in my Return Visa 155 being processed. I shortlisted Jameson Law after researching other Law firms and I am happy I made the right decision. Thanks Gabriel. Christian Targett07/09/2023 I highly recommend Jameson Law. Wissam was fantastic from day 1. My well-being was a high priority for Wissam. Very easy to deal with and very transparent. My experience with all staff at Jameson law was friendly and professional. Highly recommend giving these guys a call and see how they can help you too. Joel Delaney06/09/2023 I sought the assistance of Jameson Law after a mobile phone camera traffic offence. Wissam was my solicitor, and I cannot speak highly enough of the service provided. Wissam was always honest and forthcoming, he was understanding of the circumstances and remained positive at all times that we would be able to work towards a positive outcome. He was absolutely clear and concise with the advice he provided and prepared as best possible for court proceedings. I’d like to mention additionally that due to staffing Wissam managed to accomplish all this with an increased caseload, and never utilised that as an excuse, nor did he have any reason to for how tirelessly he worked in order to provide me the best defence possible. At the end thanks to Wissam and the collective team at Jameson Law I received the absolute best outcome possible. Thank you Wissam and Jameson Law Tony Thai05/09/2023 Wissam proved to be an exceptional lawyer. With such short notice he was able to help my traffic case and get a reduced disqualification. Jessica Hanna05/09/2023 A big thank you to Gabriel Mackenzie @Jameson Law for her help, guidance and support with the process of getting my Visa. She was so patient while I gathered the relevant documents and still managed to secure me my visa promptly. I’m so grateful for her efforts, and I’m so happy with the results! Thank you again Gabriel!
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FAQs
Frequently Asked Questions.
If you are entitled to support under the Scheme, no time limit applies for applications for counselling services. In respect of most financial assistance or recognition payments, there is a two-year time limit from the date of the violent crime. If you were under the age of 18 at the time of the violent crime, the two-year time limit commences from the date you turn 18. Some payments have more lenient time limits, for example for victims of domestic violence and sexual assault, or crimes against young people.
This depends on the financial assistance to which you are entitled. Financial support available includes:
- Financial assistance for immediate needs: to assist with urgent needs such as moving house, installing alarms or changing locks, and emergency medical expenses, you will be entitled to up to $5,000, or $9,500 for funeral expenses.
- Financial assistance for economic loss: to assist with lost income, ongoing medical expenses, justice-related expenses and loss/damage to items, you will be entitled to up to $30,000, with individual limits on specific categories of expenses.
- Recognition payments: in recognition of the trauma associated with the violent crime, payment will depend on the act of violence itself. These payments range from $1500 to $15,000.
Application forms can be found at www.victimsservices.justice.nsw.gov.au. For information and support, please contact the NSW Department of Communities and Justice on 1800 633 063. Alternatively, contact our team of experts for a free honest consultation about your entitlements under the Scheme or otherwise.
This will depend on the assistance you seek. For financial assistance applications, medical reports, police reports and relevant invoices must generally accompany your application forms. Where financial loss (such as loss of income) is sought, you will often need to provide a letter from your employer, and an explanation of how the financial loss relates to the act of violence. This may come in the form of a victim impact statement, for example.
You will not be entitled to seek assistance under the NSW Scheme, however similar schemes exist in other jurisdictions including Victoria, South Australia and Queensland. Please seek legal advice for more information on the support services available in your State.
The Aboriginal Legal Service is available to those identifying as Aboriginal or Torres Strait Islander descent. Any victim of domestic violence, family violence, or other act of violence who identifies as such, should consult with the Aboriginal Legal Service. Alternatively, our legal team is well-equipped to provide tailored, sensitive legal advice about the victims support services available to you. Legal Aid is also available in all Australian States.
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There’s nothing more satisfying than winning a life changing case for a client. Though this thank you cake was definitely
Our Solicitor, Nicholas Hardy-Clements, represented a 40-year-old man at Parramatta Local Court in relation to a common assault domestic violence
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Emergency Bail Application Request I received a call on the evening of Sunday 28 August 2022 from an unknown number.
Common Assault (Domestic Violence related) matter dismissed Our Solicitor, Nicholas Hardy-Clements, represented a 68-year-old man at Wyong Local Court in
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WE'RE IN IT TO WIN IT
Book your consultation
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