Have you or anyone close to you suffered criminal injuries and now wondering how to win the best possible compensations? If yes, you have stepped into the right place. Here, we have discussed various aspects of criminal injury compensation claims for victims living in Perth, Western Australia, and its surrounding regions. Read on to know more.
The Procedure You Need to Adopt for Claiming Compensation a Criminal Injury Sufferer
You can submit your claim for compensation using three different methods. You can use these methods both for claiming compensation for injuries and losses suffered by you due to a criminal offense.
Method 1: This involves making an application to complain about the offender and his deeds. The method should be used when the matter has passed through courts.
Method 2: Here, you will need to make common law claims against the suspected offender.
Method 3: This method involves making claims through the Criminal Injuries Compensation Scheme.
The last option is the most frequently used one among these three.
What Kind of Claims Can a Victim Make?
If you are represented by a competent lawyer or working with a top law firm like Foyle Legal, you can expect to win compensation not only to cover your injury but also to cover your financial loss. Your financial losses may include medical expenses, loss of wages, etc. A top lawyer can also help you get compensated for the loss of happiness and enjoyment.
You should note that you are free to claim compensations irrespective of whether someone has got convicted for causing your injury.
What’s the Right Time of Making a Claim?
It’s extremely important that you make your claim as quickly as possible. Most legal experts will advise you to make the claim right after getting your first aid. However, under certain circumstances, you may need to wait to see how serious the injuries are and get their ramifications examined. A waiting period is also necessary for determining the extent of your recovery.
However, the law of the land requires victims to submit applications for criminal injury compensation within three years of incurring the injury. However, if your lawyer can give adequate explanations about your delay, this period can be extended.
When Hiring a Lawyer Is Mandatory?
You should consider hiring victims of crime lawyers irrespective of the kind of injury you have developed due to a crime. This will allow you to win the best possible compensation. Still, some individuals prefer to work alone when trying to win compensation. However, there are certain situations that cannot be managed without assistance from lawyers. They are as follows:
- If you incurred the injuries as a child or if a child related to you is the victim
- The injury results from prolonged sexual abuse
- The suspected offender is not charged with the crime
- No one has reported the crime to the police
You should never proceed without a lawyer if the claims were not made within three years of the incident.
Is It Important to Involve the Police?
Whenever a crime takes place, the police should be informed about it. When you are the victim, you should report the incident to the police for your own interest. This will allow you to make a claim and get compensation even if no one gets charged with the offense.
Once you report the incident, the police force will begin investigating your case and might end up identifying and convicting an offender. They may also help you by instigating the proceedings of obtaining compensation from the offender. Here, you must note that none of these procedures will demand your direct involvement.
If you don’t report the criminal injury, the law of the land will require you to provide an explanation for your decision. If you are in such a situation, a competent lawyer can assist you in coming up with the right reasons.
About Interim Payments of Compensation
You may claim interim payments for covering expenses of medical treatments and medicines you needed for recovering from the injury. Interim payments are also awarded for covering funeral costs or reimbursing the expenses if payments are already made.
You should maintain a record detailing all the payments received by you. You may need to submit the data to the Centrelink and Tax office. Your lawyer and accountant will also need the payment info.
What to Do If the Claim Gets Rejected?
Your lawyer is the best person to bail you out of such situations. He will inform you about the avenues that are still open and ensure that you get the compensation you deserve.
One common method used by lawyers is appealing against the rejection at the District Court. This should be done within 3 weeks or 21 days of getting your first application rejected. If that does not show any favorable result, your lawyer will most likely opt for Common Law Claim.
Get in touch with a top lawyer practicing in Western Australia to know more about compensations for crime injuries.