If you are the victim of a crime that has been committed in South Australia you may be entitled to compensation from the offender or from the Victims of Crime Fund.
There are at least two avenues of claims that can be considered where you have been the victim of a crime:
- Victims of Crime
In some cases it is possible to pursue the offender based on the tort (or wrong) of 'battery' which can be advantageous because there is no limit on the amount of compensation that can potentially be awarded.
This type of claim enables you to pursue pain and suffering, medical expenses (including future expenses), and past and future economic loss (such as loss of income/superannuation or loss of the ability to work).
However, if the offender has no assets then there is no point pursuing legal action and it is more appropriate to make a claim under the Victims of Crime legislation.
Victims of Crime
The Victims of Crime Fund is established under state legislation.
Claims under the Victims of Crime Fund are capped - the maximum for offences committed since 1 September 1990 is $50,000.
The benefit of this claim is that if your claim satisfies the relevant criteria, you will be compensated by the state government from public funds. Lawyers fees are also capped to a scale and paid directly to the lawyer by the government - so you don't have to worry about legal fees.
We can advise you of the best option to pursue. Call us on 08 8523 5400 for a no obligation consultation with one of our lawyers or email us at firstname.lastname@example.org.
"Victims of Crime Compensation" by Nick Coutts (17/03/2016)
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