How we help > Abuse

Institutional Abuse

If you experienced abuse in an institutional setting, such as a church, school, foster system, children’s home or any other institution you may be entitled to compensation.

The abuse may include one or more of the following:

  • Sexual abuse

  • Serious physical abuse

  • Psychological abuse in connection with sexual abuse or serious physical abuse.

Types of compensation

There are two different claim options that may be available to a survivor of abuse:

  1. Application for redress under the National Redress Scheme (payments capped at a maximum of $150,000); or 

  2. Common law damages claim, which may compensate you for areas such as:

  • General damages (including pain and suffering)

  • Aggravated damages

  • Exemplary damages

  • Past and future loss of income

  • Lost superannuation

  • Care and assistance

  • Out-of-pocket expenses such as medical and treatment costs.

It’s important to understand that you cannot claim both redress and common law damages, and the amount of compensation you may be entitled to may be significantly different under each claim, depending on the individual circumstances of your case.

For this reason, it is very important you obtain legal advice before lodging any claim.

Time limits on claims

There is no longer a time limit within which to commence a claim in Queensland if the abuse took place when you were a child. However, if the abuse took place as an adult you must commence legal proceedings within 3 years of suffering the abuse. There are circumstances when the time limit can be extended; however, this is usually a complex question requiring careful consideration.

The law relating to abuse claims can be very complex depending on the circumstances of each case. This is why it is very important to obtain legal advice regarding your individual circumstances and the legal options available to you.

For further assistance

At Southside Legal we have a team of experienced lawyers who are trained in trauma-informed legal practice to ensure we can provide survivors of abuse with the best support and reduce the stress associated with the legal process as much as possible.

There is no pressure to pursue a claim if you do not want to after speaking with us. We are here to make sure you are fully informed so you can make the best decision for you. We will support you whatever your decision. Give our team a call today.