At Chamberlains we believe with our real-world understanding, nationally recognised expertise, and straightforward advice, we’ll guide you through any legal challenges. Big or small. Complex or simple. Start to finish.
Our focus is supporting you through every step of your claim.
Our personal injury team is no-win no-fee law, which means if your case is unsuccessful, you don’t have to pay our legal fees.
1. What is compensation?
Compensation is a sum of money paid to you for the injustice that has occurred to you. This is sometimes known as restorative justice as compensation is sought with the aim or restoring you back to your original position had the sexual abuse not occurred in the first instance. Compensation is usually claimed under three heads of damages, as noted below:
a) General damages: Money for your general pain and suffering as a result of the abuse. In the matters of Province Leader of the Oceania province of the Congregation of the Christian Brothers v Lawrence [2021] WASCA 77 and MC v Morris [2019] NSWSC 1326 the Court awarded an amount of $400,000 for general damages.
b) Past and future medical expenses: As a consequence of sexual abuse, we understand that many individuals are given a psychiatric injury that lasts a lifetime. We understand this and claim for past and future medical expenses required for this injury. We work with our clients to quantify these expenses.
c) Economic loss: Sexual abuse can change the entire trajectory of on individual’s life and this is often highlighted by their career. We recognise that had the abuse not occurred, many individuals would have been able to go on and reach their full economic potential. We claim for the difference between what our client’s would have earnt, at the abuse not occurred, and what they have earnt. This varies greatly from person to person and we work closely with our clients to quantify this loss.
2. What else can I achieve from seeking compensation?
No amount of money can compensate for what has happened to you, however it can seek to give you restorative justice within the scope of the law. Compensation also holds institutions and/or perpetrators accountable for what has happened.
As part of the civil process, we can also seek an apology from the institution or a pastoral apology session.
3. How does the process work?
a) Initial conference – You will meet with one of the lawyers in our team and we get to know you and the circumstances of your claim. We explain the process and damages to you in greater detail and answer any questions you may have. This is an obligation free conference to determine if this process if right for you.
b) Evidence gathering– Once we have reached a mutual agreement to take on your matter, we will spend time obtaining evidence in support of your claim. This will include obtaining school records, clinical records, etc.
c) Medico-legal Assessment – you meet with one of our expert psychiatrists who will write a report to assist us with evidence in your case. We will prepare you for this assessment. Once we have this report we will be able to advise you of the next steps for your claim and work towards attending a mediation or informal settlement conference with the Defendant in order to resolve your matter.
4. Support services:
We understand talking about the abuse is not easy and we seek funding from the Defendant to pay for you to see a counsellor of your choosing throughout the process.
If you are struggling and need support now, we recommend you contact the below services to seek help.
Sexual assault support services:
1800RESPECT
(Phone: 1800 737 732)
Counselling 24-hours a day, 7 days a week.
Bravehearts
Ph: 1800 272 831
Website: www.bravehearts.org.au
Mental Health Support services:
Lifeline
24-hour crisis support and suicide prevention.
Ph: 13 11 14
Website: https://www.lifeline.org.au/
beyondblue
Mental health support.
Ph: 1300 224 636
Website: https://www.beyondblue.org.au/
Headspace
Supports young people aged between 12 and 25 years of age.
Ph: 1800 650 890
Website: https://headspace.org.au/
5. What if I want to be anonymous during the process?
If you would like to remain anonymous, we are able to seek pseudonym orders once we file your matter in the court. Additionally, any mediation or Informal settlement conference you attend will remain confidential.
6. What will I have to pay?
At Chamberlains, we are committed to achieving justice for all victims. We offer a free consultation and a no win, no fee policy. Just as the compensation received differs from case to case, so do the legal costs, so ask one of our lawyers today about what your legal costs could look like if your claim is successful.
7. How do I contact Chamberlains?
If you or your loved one has been the victim of sexual, physical or other abuse, please contact Sarah Hayman sarah.hayman@chamberlains.com.au at Chamberlains Law Firm or call us on 02 6188 3600. We can help you with abuse compensation claims.
If you have any questions or concerns please contact Sarah Hayman of our Personal Injury Team on 02 6188 3600