If you have been wounded or have suffered financial loss as a result of a crime in Western Australia you may be eligible for compensation. Such crimes include robberies, assaults, domestic violence, or sexual offences. Compensation can be claimed by filing a common law claim against the offender, the court can also be petitioned to sentence an offender to make an order for compensation or restitution, however, the most utilised avenue is to make a compensation claim under The Criminal Injuries Compensation Act 2003 WA.
The Criminal Injuries Compensation Act 2003 WA was created to provide compensation to individuals who are suffering injury and/or financial loss as a result of the said injury caused by a criminal offence. The team at Anvil Legal can offer advice in criminal compensation claims but can only provide legal aid in regards to workers compensation claims that relate to an offence.
In legal definitions ‘injury’ relates to any physical or mental harm that has befallen an individual as a result of the offence. ‘Loss’ refers to any incurred expenses as a direct result of the injury. These expenses must actually and within reason be resultant from the injury. This could refer to medical costs and the subsequent related travel costs, belongings damaged during the offence or income loss that resulted from time off while injured.
Making a Police Report
It is always best to make a police report should you be the victim of a criminal offence. Especially, if that offence results in injury. Making the report as soon as possible is never a bad thing. In many cases, the courts are unlikely to enforce compensation if no police report was made. Doing everything that is reasonably within your power to aid the police will strengthen any compensation claim. This includes assisting police with identification and prosecution.
There is a three-year limit placed on all criminal compensation claims. This means that you must make a claim within three years of the offence, or the final offence if multiple have occurred. This is regardless of the age of the injured individual. There are several instances in which this time limit may be extended but that is up to the discretion of the courts. If you believe you have a claim but are outside of this time limit your best option is to seek legal advice.
In many cases, compensation claims can become quite complex. In such cases, it is best to seek the advice of legal professionals like the team at Anvil Legal, who have expertise in this area. Complex compensation claims can arise for many reasons. If the offence was not reported to police, if the offender was not charged or acquitted or if the claim is made outside of the three-year time limit are common reasons. Others include when the offence occurred multiple times over a long-term period, if the victim is a minor, if the injuries sustained were psychological or if a claim is being made for future losses. In any of these cases, it is best to seek legal advice before making a criminal compensation claim. If you would like more information or if you have a workers compensation claim that relates to an offence contact Anvil Legal today!