Who pays the compensation if I make a claim for childhood sexual abuse or serious physical abuse?

Unless the claim is brought against the individual who sexually and/or physically abused you, the compensation is usually paid by an insurer.

If you were sexually or physically abused as a child while attending a school, whether it is a public or private school, the school will usually have public liability insurance to respond to your compensation claim. In the case of a church, the church will also usually have insurance to respond to your claim. If for some reason the church does not have insurance but has assets, the compensation may be paid by the sale of those assets. In the case of a claim against the Government for abuse while you were in care, the State has insurance to respond to your claim.

The amount of compensation you can be awarded is not capped (unlike the National Redress Scheme) if your claim is brought against an institution.  The type and amount of compensation you will receive if your claim is successful depends on the particular circumstances of the sexual and/or physical abuse and the impact it has had on your life and your ability to work. Guidance is provided by previous Court decisions. Compensation claims can be for hundreds of thousands of dollars or even in the millions.

If you bring your claim directly against the individual that abused you, the compensation will need to be paid by that person. It is therefore necessary for that person to have sufficient assets to respond to your claim.  We can assist in conducting a search for assets if you are unsure if the person that physically and/or sexually abused you has assets. The level of compensation you can claim will be restricted to the value of the assets held by the person.

If you make an application for compensation from the National Redress Scheme or you make a Victims of Crime application, a fund is set up to respond to your claim. The level of compensation you can claim will be restricted by the relevant scheme. Both of these schemes have time limits.

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If you pursue your claim through the Court (usually resulting in a settlement before trial), there are no time limits to bring your compensation claim, however it is important that you seek legal advice as early as possible as the delay or death of the perpetrator can make bringing your claim more difficult.

We have experienced male and female lawyers that can provide you with advice about making a compensation claim.  We understand that making the call to seek legal advice about a childhood sexual or physical abuse claim is difficult. We are available to speak to you when it suits you, including on the weekend or outside usual business hours.

Contact MKF Lawyers on 08 7093 2998 or by text message to 0482 075 591 for a free and confidential discussion about making a compensation claim for childhood sexual and/or serious physical abuse today.