Physical
assault lawyers

Physical assault compensation claims

If you have suffered injury or trauma due to a physical assault, you have several options to claim compensation from those responsible. Claims like this can be complicated, but we can provide the support that you need.

Why Maurice Blackburn?

No one wants to deal with a court case after an assault. We understand, and we can help you put the incident behind you as soon as possible.

We also offer 'no win, no fee'* arrangements for these types of public liability cases, which means that you don’t have to pay for our legal services if we don't win.

Maurice Blackburn Lawyers has offices in Melbourne, Sydney, Brisbane, Perth, Adelaide, Darwin and throughout Australia.

Contact us today to find out how we can help.

Chas’s story

Chas was enjoying a night out at the local hotel with friends when he was assaulted by a drunk patron and severely wounded. We helped Chas earn $200,000 in compensation.

All you need to know about public liability

You have the right to be safe when you’re in a public place. If you have been hurt as the result of another person or organisation’s negligent behaviour you may be able to make a public liability claim for compensation.

Wendy's story - Public liability

"If I could touch Terry's hand one more time, and he was with me, I'd just give the world for that."

Frequently Asked Questions

Can I make a physical assault compensation claim?

You may be eligible to claim physical assault compensation if you have suffered injury or trauma due to a physical assault.

Your physical assault compensation claim will vary greatly depending on your location and the nature of your injuries. Generally your physical assault compensation claim will cover things like:

  • medical costs (including past and future costs)
  • lost income
  • pain, suffering and loss of enjoyment of life
  • home help and attendant care.

What types of accidents can I make a physical assault compensation claim for?

The most common types of incidents that you may be able to claim physical assault compensation for cover:

  • physical assault
  • playground and schoolyard assaults
  • assault in supermarkets and other retail outlets
  • assault on private property, including rental properties
  • assault in pubs and nightclubs

Who can I claim physical assault compensation against?

Anyone who has caused or contributed to your accident or injury may be found legally liable and required to pay compensation. They may even be liable for the actions of others if the location of your accident is under their control.

You may be able to claim:

  • compensation from the person found guilty of the assault through the criminal court process
  • personal injury compensation through the civil court process
  • through VOCAT

Businesses and other (non domestic) occupiers of premises are required to carry Public liability Insurance. The compensation is actually paid by the insurance company. A person’s own home & contents insurance covers public liability if an accident occurs at a private residence.

 

Can I represent myself when making a physical assault compensation claim?

Yes. However, physical assault compensation law is complicated. Each state and territory has its own laws that apply to physical assault cases. It's important to get help from someone who understands the complexities of physical assault compensation law, with experience in your area.

Contact Maurice Blackburn Lawyers today to find out how we can help you.

How do I make a physical assault compensation claim?

If you have suffered injury or trauma due to a physical assault, you have several options to claim public liability compensation from those responsible. Maurice Blackburn Lawyers has all the resources and experience that come with being a national firm.

Contact us today to find out how we can help.

How long do I have to make a physical assault compensation claim?

Time limits vary under the different state and federal laws. It's important to report your injury to the compensation authority as soon as possible, once you've become aware of your injury.

You have three years to make a claim from the date of injury. If you are a minor or a person under disability you have six years from the date of injury.

If you think you have a physical assault compensation claim, you should:

  • seek medical treatment and tell your doctor how you were injured
  • keep records and receipts for any wages lost and for medical and related expenses, including the dates of medical consultations
  • take photos of the injuries and where you were injured (where possible)
  • contact us to discuss your claim

What settlement can I expect for my physical assault compensation claim?

Your physical assault compensation claim may cover:

  • medical costs (including past and future costs)
  • lost income (including past and future)
  • pain and suffering
  • suffering and lost enjoyment of life (however, there is a cap on what you can claim for pain and suffering)
  • home help and attendant care

How long does physical assault compensation claim take?

Your physical assault compensation claim and the legal process may take up to several years, especially if you have to wait for injuries to stabilise.

When is duty of care breached?

Duty of care may be breached when the occupier or operator of a space or premises is negligent in their duty to care for your safety in entering and using that space.

What could I be entitled to if duty of care is breached?

You may be entitled to sue the occupier or operator of a space or premises for any accidents or injuries that are caused by their negligent behaviour. This is known as a public liability claim.

No win, no fee*

Our public liability lawyers are experienced in winning fair compensation for our clients on a no win, no fee basis.

Our fees and agreements

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