Assault

Overview

Regrettably, people can be seriously injured as a result of an assault committed by another person. If you have sustained injury as a result of an assault upon you, you are entitled to claim compensation under the Victims Support Scheme, but would also be entitled to claim for damages against the assailant under the common law.

It has been stated that even the act of placing a hand upon another person in anger, constitutes an assault.

We have seen that very serious injuries can result from an assault committed by one person on another. The compensation that can be recovered is commensurate with the degree of injury sustained and the impact that the injury has on the ability of the injured person to lead a normal life.

Make A Claim

What You Need To Know

Are You Eligible To Make An Assault Compensation Claim?

Any person who has been the victim of an assault or violent crime can make a claim for compensation against the assailant. It does not matter who the assailant is. They could be a family member, a neighbour or a stranger. Victims of crime can also seek financial assistance or compensation under the Victims Support Scheme.

Any person who has committed an assault upon another can be held liable under the common law for damages commensurate with the injuries that have been sustained. These injuries could range from physical to psychological, such as PTSD or nervous shock.

What Is Your Next Step?

Once any injury sustained as a result of an assault has been properly treated, contacting expert compensation lawyers, such as Brydens Lawyers, is highly recommended. The injury sustained may extend beyond just the physical, with psychological and financial loss also open to be compensated for.

At your consultation with the expert lawyer at Brydens Lawyers, you should bring with you all relevant evidence and documentation concerning the assault including any police records, medical records or the like.

What Damages Are You Able To Claim For Assault?

In New South Wales, intentional torts (or civil wrongs) are provided for under s3B of the Civil Liability Act, 2002 (NSW). Section 3B(1) states that the Act does not apply to an act which is done by a person with the intent to cause injury or death.

Simply put, the restrictions provided for under the Civil Liability Act, 2002 (NSW) do not apply to claims for injuries occasioned as a result of an assault.

As to the damages available, these will include:

non-economic loss or damages for pain and suffering;
past and future medical expenses (if applicable);
past and future economic loss or wage loss (if applicable);
loss of superannuation benefits commensurate with past economic loss and future economic loss (if applicable);
the value of gratuitous costs or the cost of commercial assistance or care provided for the past and for the future;
home and/or motor vehicle modifications necessitated by the injuries;
an allowance for legal costs.

In circumstances where intent to cause the injury can be established, there may also be an entitlement to exemplary and aggravated damages.

Why Are Brydens Lawyers The Right Assault Representation For You?

With over 50 years of experience, Brydens Lawyers has the best public liability lawyers available to prosecute claims for common law damages for injuries sustained as a result of an assault. Brydens Lawyers are experts in ensuring that the maximum compensation available for the injury sustained is recovered.