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Intentional Harm

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Could you be a victim of intentional harm?  Get in touch with us if you have any questions.

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What is Intentional Harm?

 

The important difference between negligence and intentional harm is that intentional harm occurs when one person means to harm another, whereas negligence is as a result of an accident or a person’s carelessness.

Negligence is accidental damage and injury that is compensated by force of law. The law also permits us to seek compensation for intentional harm. While it is not as common as accidental, it often results in serious injury.

 

 

“I engaged Adelaide Legal in relation to an unfortunate and significant injury. Serina and Stefania represented my interests zealously and provided me with honest and sensible advice in order to help me make the most cost-effective decision to finalise the matter. I would refer Adelaide Legal to my family and friends without hesitation.”

Sandra, Gawler

30 minute Free Consultation

Please contact us for a no obligation chat to discuss your injury matter with you in more detail.

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Common Types of Intentional Harm

Sexual Assault

If you are a survivor of sexual abuse it is likely that you can take action against the offender or the organisation that employed the offender. 

This common law claim can be commenced even if the offender is found not guilty of a criminal offence and irrespective of whether there were any criminal charges against the offender. 

In order to have a successful claim the standard of proof must be greater than the balance of probabilities and so a Court must be strongly convinced that the offending occurred.

Make sure you realise your rights to compensation and contact the team at Adelaide Legal.

 

Assault

If you have experienced injury or trauma due to a physical assault there may be various options available to you to claim compensation from the offender/s for the damages you have sustained.

Please contact us for a no obligation chat to discuss your intentional harm matter with you in more detail.

Police Assault & Misconduct

Following a police officer’s assault or misconduct they will likely face disciplinary action such as loss of rank, a fine, or even lose their job. If the misconduct has been against you then you may be eligible to start a common law claim against the police officer to seek compensation for any injury, loss, damage or harm suffered by conduct that extends beyond the scope of a police officer’s duties.

The Supreme Court of South Australia has recently detailed exceptional cases in which police have been found liable, or arguably liable, in negligence. They include:

  • to other road users when driving in performance of police duties;
  • to suspects, who have been shot in the course of pursuit or arrest;
  • with respect to persons in detention;
  • failing to assist another officer for whose safety he had a responsibility;
  • provoking or acting in disregard of a real and substantial risk of harm to a person or property;
  • failing to preserve the confidentiality of information provided by an informant;
  • failing to protect a woman who was unaware she was being used by police as ‘bait’ to catch a serial rapist; and
  • delaying in responding to calls for assistance while assuring the victim that help was on its way.

How Much Will The Process Cost Me?

If we assess that you have a good chance of your claim being successful, we’ll back you with a no win, no fee agreement. This will depend on who the action is against, for example if it’s against an organisation rather than an individual then there is likely a higher chance of success.

This means we don’t get paid until you do. 

You may need to pay for out of pocket expenses such as fees for medical reports.

If your claim is successful then our fees will be deducted from your settlement. We’ll give you an estimate of our fees at the start of your matter to give you an idea on the fees that will be deducted.

If your claim doesn’t fall under our no win, no fee agreement then we will provide you with an estimate of our fees to action the matter for you, plus the funds required to commence the matter.

No win – No fee?

Would like to know if we would take your case on as a “no win no fee” case?

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Why choose Adelaide Legal?

It can be difficult to find out what you’re entitled to and the best way forward. We provide you with clear legal advice and the positive assistance required to achieve the best possible result for you.

We understand that it’s not always easy to discuss personal issues, worries and concerns with a stranger, but our friendly lawyers know this and do all they can to become part of your support network.

We take our work very seriously, because you matter to us. Our goal is simple: to deliver the best outcome to you.

“Thank you to everyone at Adelaide Legal for working through my sensitive matter with me. I am extremely happy with the amount of compensation I received and the friendly service they provided to me.”

Ken-Lee, Coomera (Qld)

The National Redress Scheme

What Is The National Redress Scheme?

The National Redress Scheme is in response to the Royal Commission into Institutional Responses to Child Sexual Abuse. It provides support to people who have experienced institutional child sexual abuse in places such as schools, churches, children’s homes and hospitals. 

The abuse must have occurred before July 2018, and the institution must have opted into the Scheme. Applications can be made any time before 30 June 2027.

The Scheme offers up to $150,000 in compensation in relation to the same incident (so if you have already been compensated from another source then the amount you have already received would be deducted from any amount offered by the Scheme). This is another way for survivors to seek compensation, but you don’t have to do it through the Scheme.

Further information can be found at the link: https://www.nationalredress.gov.au/ 

Depending on your circumstances it may be best to seek a common law claim instead of going through the Scheme. Therefore, it’s important that you get legal advice before you make a claim.

What is the ‘Balance of Probabilities?

This means that a Court is satisfied the offending occurred if the court considers that, on the evidence, the occurrence of the offending was more likely than not. This is a lower test than the criminal standard of beyond reasonable doubt.

So What Should You Do?

Make sure you realise your rights to an intentional harm claim and contact the team at Adelaide Legal today.

Julia Adlem
Managing Associate Lawyer

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Stefania Scarcella
Lawyer, LLB

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If you are interested in working together, send us an enquiry and we
will get back to you as soon as we can.

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