Civil Compensation

In addition to criminal compensation orders, a person may apply under the common law jurisdiction for compensation under the Wrongs Act 1958 (Vic), which deals with civil liability for personal injury. Under the Wrongs Act 1958 (Vic), individuals can bring claims for various types of personal injury caused by the negligence or wrongful acts of others.

Grey Legal specialises in civil compensation claims which are quasi-criminal in nature such as:

1. Assault and Battery: Claims for injuries resulting from intentional acts of violence or physical harm inflicted by another person.
2. Wrongful Death: Claims brought by the family members or representatives of a deceased person whose death was caused by the negligence or wrongful act of another party.
3. Psychological Injury: Claims for psychological harm or mental anguish caused by the negligent or intentional actions of another party. Most commonly these claims arise in allegations of sexual abuse, which can be historical in nature, or occurred whilst under care at an institution.

There are statutory time limits, also known as limitation periods, within which a claim must be brought. These time constraints are important as they ensure that claims are pursued within a reasonable timeframe and allow for the efficient administration of justice. The limitation periods for bringing claims under the Wrongs Act 1958 (Vic) typically depend on the type of claim being pursued. In accordance with legislation, Courts can extend the limitation periods in certain circumstances.

Under the Wrongs Act 1958 (Vic), the main types of damages that are intended to compensate the injured party for the losses they have suffered due to the negligent or wrongful actions of another party. Some common types of damages that can be sought include:

1. General Damages (Non-Economic Loss): These damages compensate the injured party for non-monetary losses, such as pain and suffering or loss of enjoyment of life.
2. Special Damages (Economic Loss): Special damages are intended to compensate the injured party for specific financial losses incurred as a result of the injury. These may include medical expenses, rehabilitation costs, loss of earnings (both past and future), loss of earning capacity, and other out-of-pocket expenses directly related to the injury.
3. Punitive or Exemplary Damages: In certain cases where the defendant’s conduct is deemed particularly egregious or reprehensible, punitive or exemplary damages may be awarded. These damages are intended to punish the defendant and deter similar conduct in the future.