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Criminal Injuries Compensation: What Are You Entitled To?

Soul Legal provides assistance to victims of crime by securing their rightful compensation, while reducing stress and any confusion around the process.

WA’s Criminal Injuries Compensation Act 2003 ensures access to compensation for victims of offences in Western Australia, through the West Australian Government’s Criminal Injuries Compensation Scheme.

This allows victims of crime to apply for compensation for injury or loss resulting from an offence or alleged offence. Compensation can cover:

  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of income
  • Resulting pregnancy
  • Medical or psychological expenses
  • Other incidental expenses, such as travel for medical treatment or damage of clothing

There are certain factors that may result in exclusion from compensation, such as failing to assist police with an investigation. It is important that you secure legal advice in relation to the eligibility criteria. The team at Soul Legal provides advice on these issues on a no win no fee basis.

Who is eligible for compensation?

Those who suffer injury as a result of crime, even if the person who committed the crime has not been found, charged and convicted. To be eligible, you are required to have reported the crime to the police.

Don’t meet the criteria but feel you have extenuating circumstances? It is important that you get legal advice. Given the specifics of your situation, Soul Legal can offer advice on whether it’s still worth pursuing a claim.

Compensation is also available to the loved ones of those who passed away as a result of an offence or alleged offence. Clarify whether loss of financial support is involved. You can also apply to cover funeral expenses.

How do I make a claim?

Your claim is lodged with the Office of Criminal Injuries Compensation, who will assess and offer what they believe to be appropriate compensation. Please be aware the maximum amount available through the scheme for an offence is $75,000.

The general time limit for these claims, is three years. There are, however, many situations where a claim can be brought outside this window. Our personal injury lawyers will advise you, if uncertain whether you can claim.

What factors should I consider?

Understanding the true scope of your injury and future impact on your ability to earn an income, as well as potential cost of future medical care, are elements that must not be overlooked when making a claim.

A Soul Legal lawyer will confirm you have the necessary documentation to verify the validity of your claim. How is pain and suffering, or loss of enjoyment of life measured? Our lawyers will answer these questions.

We understand you may be shocked by the incident, and the aftermath. But avoiding medical appointments, and failing to record the psychological impact, may be detrimental to your case in the long run.

How long will it take?

It can take a year and a half or longer for a compensation claim to be assessed, depending on the case itself. Keeping receipts for any related costs during this period is essential to ensure recompense.

Interim payments pre-finalisation may also be possible. There is a chance you won’t consider the assessor’s compensation offer acceptable, which is why we recommend having a lawyer involved early on, who can help you appeal the decision.

The Team at Soul Legal

Our experienced criminal injuries compensation lawyers help make sure you receive the compensation you deserve, in the wake of offence-related personal injuries.

Our no obligations claim assessment is free, and we offer no win no fee service if we consider your claim worth pursuing. We have dedicated and empathetic lawyers who are able to help you through this situation.

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