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Victims of Crime Compensation Sydney

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Back to back winners of the most prestigious Local Business Awards and multiple Personal Injury category awards.

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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.

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Civil Litigation for Victims of Crime

Back-to-back winners of the most prestigious Local Business Awards and multiple legal excellence awards in the personal injury category.

For survivors seeking comprehensive justice, Civil Litigation offers a powerful alternative to the administrative financial assistance provided by government schemes. While bringing a court case against a perpetrator or a negligent institution is a more complex legal undertaking, it is often the only pathway to securing uncapped compensation for the full extent of your loss and suffering.

At Jameson Law, our highly experienced civil litigation lawyers understand the emotional stress involved in court processes. We provide a trauma-informed approach to legal representation, ensuring you are well-equipped to navigate the complexities of the Civil Liability Act 2002 and secure the settlement you deserve.

Why pursue a civil compensation claim?

There are significant legal advantages to choosing civil litigation over other compensation pathways:

  • Lower Standard of Proof: Unlike criminal trials which require proof “beyond a reasonable doubt,” civil cases only require you to prove your claim on the balance of probabilities (that it is more likely than not that the act occurred).
  • Uncapped Damages: Civil litigation allows you to seek damages for pain and suffering, psychological injury, and economic loss that far exceed the statutory limits of government support schemes.
  • Institutional Liability: You can hold employers, schools, or religious organisations accountable if their negligence allowed the act of violence to take place. This often grants access to larger insurance pools for your settlement.

Must the perpetrator have been convicted?

No. A civil claim is entirely independent of the criminal justice system. You can successfully prove a civil claim even in the absence of a police charge or a conviction in a Magistrates court. While evidence of a police investigation or a prior conviction can strengthen your case, it is not a prerequisite for initiating a compensation claim for bodily harm or sexual abuse.

What can you claim in a Victims of Crime lawsuit?

If liability is established, you are entitled to seek damages for several “heads of loss,” provided the damage can be proven through medical and expert evidence:

  • Non-economic loss (Pain and suffering)
  • Loss of past and future earnings
  • Psychological injury & trauma
  • Future medical and treatment costs
  • Domestic assistance & care services
  • Loss of career opportunities

Where to start your compensation claim?

The first step is understanding your rights and the applicable limitation periods. Under the Limitation Act 1969, specific time limits apply to personal injury claims in each jurisdiction. Our legal team offers a free, confidential consultation to assess your case and determine if civil litigation is the right path for your closure and financial recovery.

📞 Expert Legal Advice: (02) 8806 0866

🌐 Learn More: Sexual Abuse Claims | Public Liability

📍 Locations: Sydney CBD, Parramatta, and South West Sydney.

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:

  1. 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;
  2. Secondary victims – those who have witnessed a violent crime (who are entitled to counselling services); and
  3. 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):

  1. 22 hours of free counselling, with the option for more where required;
  2. Financial assistance to meet immediate needs of victims, up to $5,000 to assist with any urgent expenses;
  3. 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).
  4. 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:

  1. counselling services;
  2. financial assistance for immediate needs;
  3. financial assistance for justice-related expenses (legal costs); and
  4. financial assistance for the funeral of the primary victim.
Jameson Law does not currently offer this legal service. For a free, confidential consultation on whether you have a court case or may be entitled to financial support, contact Victims Services. Alternatively, if you would like to pursue a private civil claim contact our office today.

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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