Intentional Harm

Intentional harm occurs when a person deliberately causes injury to another person, as opposed to accidental injury caused by negligence or carelessness. The law allows survivors to seek compensation for intentional harm where the necessary legal elements are met.

Common intentional harm claims include sexual assault, physical assault and police assault or misconduct that causes injury, loss or damage. In each case, you may be able to pursue compensation from the offender or, in some circumstances, the organisation responsible for them.

Yes. Survivors of sexual abuse can often bring a civil claim, even if the offender was found not guilty in a criminal court or was never charged. The court will decide the case based on the civil standard of proof, which is satisfied if it is more likely than not that the abuse occurred.

The National Redress Scheme provides support and financial redress to people who experienced institutional child sexual abuse in settings such as schools, churches and children’s homes, where the institution has opted into the scheme. It offers compensation up to a capped amount, but it may not always be the best option compared with a common law claim, so legal advice is important.

The balance of probabilities is the civil standard of proof. It means the court is satisfied the offending occurred if, on the evidence, it is more likely than not that it happened. This is a lower threshold than the criminal standard of beyond reasonable doubt.

If your claim has good prospects of success, particularly where the action is against an organisation rather than an individual, Adelaide Legal may back you with a no win, no fee agreement. In that case, legal fees are only payable if your claim succeeds and are usually deducted from your settlement, although out of pocket expenses such as medical reports may still be payable.

Costs depend on the complexity of your case and who the claim is brought against. The firm will assess your prospects, explain whether a no win, no fee arrangement is available and provide an estimate of likely legal fees and expenses at the outset so you understand what may be deducted from any settlement.

If you believe you have suffered intentional harm, you should seek legal advice as soon as possible. Gather any supporting documents and contact Pace Adelaide Legal to discuss your experience, your rights and the options available to pursue compensation, including common law claims and any relevant schemes.