Personal Injury Law
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Have you been a victim of crime?
Have you been hurt or suffered a loss because someone has committed an unlawful act against you such as assault or by detaining you? If so, we may be able to help you with a claim for compensation.
We can assist you if you have been injured or suffered a loss because of an unlawful act committed against you by bringing a claim for an “intentional tort”.
Whilst the criminal justice system punishes the wrongdoer for committing the unlawful act, it does not provide compensation or financial assistance to the victims of crime.
An intentional tort case involves a claim brought in the civil law courts to seek damages (compensation) against another individual (or an entity responsible for the offending person) for the injury and loss caused by the wrongdoing that was intentionally committed.
Damages are awarded by the Courts to rectify the wrong and indignity suffered by the victim, and also to reimburse them for medical expenses, the cost of care and domestic assistance, and to recover income lost from being unable to work. In certain cases, damages are additionally awarded to punish the wrongdoer or to deter others from committing similar acts.
Examples of intentional torts include:
- Assault: unlike the common definition which related to physical acts only, the legal definition of assault can include words or threats which cause a person to reasonably and imminently fear that they will be harmed by another person.
- Battery: is when a person intentionally makes physical contact with you without your permission, and can include scenarios such as when a person is punched or struck. It can also apply to unwanted touching or groping; unwarranted medical treatment performed without your consent; and excessive and unreasonable force used by the police or other authorities.
- False imprisonment: refers to situations where you are restrained against your will. This can occur in the context of a private individual restraining another, or when an institution or authority (such as the police) restrains a person if that restraint was unlawful, unreasonable and unnecessary.
An intentional tort claim can be brought in addition to any amounts received as Victims’ Compensation from the Victims Services tribunal for criminal injuries, which are relatively limited.
Time limits apply to these claims, and so we recommend that you contact us for advice without delay.