Criminal Injuries Compensation
Criminal Injury Compensation Applications
When someone commits a crime, quite often there is a victim. The perpetrator (if caught and prosecuted) then pays their debt to society with a penalty decided by a judge or magistrate. However, even if the criminal goes to jail, that doesn’t help the victim who may have sustained injury and/or financial loss.
To accomodate this gap in the justice system, The Western Australian State Government set up the Criminal Injuries Compensation Scheme (“the Scheme”) through the Criminal Injuries Compensation Act 2003 to provide compensation for harm suffered as a result of bodily harm, mental or nervous shock or pregnancy result from an offence.
The Scheme allows for victims of crime to apply for compensation in relation to injury or loss experienced as a result of an offence, or even only an alleged offence, provided that the incident occurred in Western Australia.
Our lawyers can assist you every step of the way from providing advice on whether you qualify, gathering the necessary documentation to establish your case, preparing the application material, and ensuring that the procedure is followed in a timely fashion.
You may qualify for a compensation payment if you are the victim of the behaviour of another person from which you are injured and/or experience financial loss because of the injury. It is important to note that the perpetrator does not need to be caught and brought to justice provided that the victim reports the incident to the police and assists the police in their investigation.
You may also qualify for a compensation payment if a close relative is killed as a result of another person’s offending behaviour. Such close relatives include spouse, de facto, parent, grandparent, child, step-parent, child, step-child, or grandchild. To qualify for this payment, you would need to prove that you have experienced a financial loss as a result of the offending behaviour which led to the death of your close relative.
Compensation may be paid to cover a range of issues including, but not limited to: pain and suffering, loss of enjoyment of life, loss of income, medical and psychological expenses, and other incidental expenses, such as damage of clothing or travel for medical procedures. In the case of a close relative, applications may be paid to cover funeral expenses.
Applications must be made within three years of the crime or crimes and applicants may even be eligible for interim payments while the final payout figure is being determined.
If you have been the victim of a crime, or lost a loved one due to a crime, we may be able to assist you in obtaining a compensation payment. For more information please contact our office to speak to a member of our friendly staff.