Sexual and Physical Abuse Claims
In recent years there has been an increased recognition of the sexual and physical abuse suffered by many children while under the care of various institutions. For those survivors, no amount of money can repair the physical and psychological damage caused by this abuse.
However, a compensation payment can help survivors pay for treatment and living expenses, particularly when they may have struggled to maintain employment. These payments also provide recognition and acknowledgement of the deep pain, suffering and the lifelong scars caused by the abuse.
Many survivors who contact us have never spoken to anyone about the abuse they endured. Our expert abuse lawyers and support staff will ensure your claim is approached in a respectful, confidential manner and that you are comfortable with the process.
We understand how suffering abuse at any age can have significant long-lasting effects on a survivor’s adult life. Survivors who have experienced abuse as a result of their involvement in organisations such as churches, church and government run institutions, public and private schools, youth and sporting clubs, foster homes, the Scouts, may have an entitlement to substantial amounts of compensation.
Your options
In recent times there have been significant developments which provide survivors with options on how they recover compensation for the abuse they endured. These options are claims:
- under the National Redress Scheme; or
- damages directly from the institution.
National Redress Scheme (NRS)
Most church, government and institutional organisations where abuse has been widely reported have now become part of the National Redress Scheme which seeks to recognise the injustice suffered by survivors during the time they were abused.
The National Redress Scheme allows for:
- a one-off payment of up to $150,000.
- funding for counselling and psychological services.
- if a survivor wishes, a personal response and apology from a member of the institution responsible for the abuse.
It should be remembered that the maximum payment you can receive under the National Redress Scheme is $150,000.The maximum amount is reserved for those who suffered the most severe abuse.
Survivors need to be aware that if they accept a payment under the National Redress Scheme they are no longer eligible to make a claim for damages against the institution.
Claim for damages against an institution
Survivors also have the option of claiming damages directly from the institution responsible for their abuse. This is a broader, potentially larger claim which can compensate a survivor for:
- the pain and suffering they have endured.
- the impact the abuse and its consequences has had upon the survivors’ ability to work and earn an income.
- the cost of all necessary treatment.
- a contribution to legal costs and expenses.
Time limits
There is no time limit on when a damages claim can be made. However, the earlier a survivor pursues their entitlements, the more likelihood there is of a recovery of damages.
The National Redress Scheme will stop accepting applications on 30 June 2027.
Legal fees
We offer a fully funded “no win, no fee” arrangement. This means you do not have to pay for our time, effort or expertise while we secure your compensation. Our fees are only payable if and when your damages are paid. The institution will also have to contribute to those fees and expenses.
We also fund the cost of expenses such as the fees to recover records and the cost of medical reports. This means you will not be put to any expense while we pursue your claim.
At RMB Lawyers, we understand how difficult it is for Victims of Crime to call us or step into our offices. We are experienced in these matters and always act with kindness and compassion.
If you are a victim of a crime and wish to discuss your claim on an obligation free basis, please email us via this website or contact our office on 1800 681 211 to speak to one of our specialist compensation lawyers.