At Injury Legal we are experts in abuse claims, and we act on a no-win, no-fee basis.
If you have suffered sexual abuse and/or serious physical abuse as a child in Queensland, or psychological abuse, in connection with sexual abuse or serious physical abuse as a child in Queensland, there is no longer any time limit within which you must pursue a compensation claim.
Despite this, individuals and institutions responsible for the abuse can still rely upon the defence that they have been prejudiced by any delay that has affected their ability to defend the claim and, if successful, that can be a complete bar to your pursuing a claim. Examples of this include the death of relevant witnesses or loss and destruction of documents.
If you have suffered sexual, physical and/or emotional abuse as an adult in Queensland, you must commence a claim for your injuries within 3 years of the abuse occurring. In very limited circumstances that time limit can be extended by 12 months from the date upon which you become aware of what is known as a “new material fact of a decisive character”. That could be, for example, the first time you become aware that your injuries require ongoing treatment or will affect your ability to work.
The damages for victims of sexual, physical and emotional abuse can include pain and suffering, past and future loss of income, lost superannuation, out of pocket expenses and requirements for care and assistance.
Alternatively, you may be entitled to redress under the National Redress Scheme. To apply under the redress scheme:
· your abuse must have occurred prior to 1 July 2018,
· you must have come into contact with the person who abused you through an institution,
· you must generally have been born before 30 June 2010 and at the time of applying for redress you must be an Australian resident or permanent citizen.
Payments under the redress scheme are capped at a maximum of $150,000.
If you need help with or advice about an abuse claim, contact one of our abuse claim experts for a free, confidential, no-obligation chat about your rights on 07 3001 2900 or Start Your Claim by clicking here.