Civil or common law claims

A civil or common law claim for damages is a legal process that holds an institution accountable for the actions of the perpetrator, based on their legal responsibility. The goal of this claim is to get monetary compensation, or ‘damages,’ for the survivor of abuse.

Compensation is determined based on the specific details of your case and may cover:

• The psychological impact of the abuse (‘pain and suffering’)
• Lost income, if your working life and career earnings have been affected, including ongoing lost income if you’re not yet of retirement age
• Treatment costs you’ve already paid (e.g., medication and counselling)
• Future treatment expenses

While the specifics of the claim can vary depending on the state you live in, the core principles remain consistent.

• No time limits apply for claims related to childhood sexual abuse, removing the statute of limitations that previously barred many historical claims
• Claims can be brought against institutions like schools, churches, sports organisations, etc. that failed in their duty of care
• Compensation amounts are uncapped and typically higher than payments available through the National Redress Scheme
• Damages can cover pain and suffering, economic loss, medical expenses, and more

Common law claims offer several potential advantages for abuse survivors compared to other compensation options:

• No maximum limit on compensation amounts
• Broader range of damages available, including economic loss
• Ability to hold institutions publicly accountable through the court process
• Option to pursue claims against individual perpetrators as well as institutions
• Settlements can include formal apologies and other non-monetary outcomes

Pursuing a common law claim can be a challenging process emotionally and practically. Some key considerations include:

• Claims typically take 12-24 months or longer to resolve
• The process may require discussing traumatic experiences in detail
• There are no guarantees of success or specific compensation amounts
• Accepting a common law settlement precludes claiming through the National Redress Scheme

It’s crucial for survivors to obtain expert legal advice to understand their options and determine the best path forward based on their individual circumstances.

If you have previously entered into a settlement or received a judgment as a result of a claim for abuse, you may be able to re-visit this settlement and achieve additional compensation. Revisiting earlier settlements and judgments has come about as a result of the Royal Commission into Institutional Responses to Child Sex Abuse subsequent legislative changes and matters before the courts.

• Expert guidance: Our team has experience in handling cases of abuse and is committed to achieving the best outcomes for our clients.
• Trauma-informed care: We approach each case with sensitivity and respect, understanding the impact of abuse on your life.
• Culturally safe support: We offer services that respect and honor your cultural background and experiences.

If you are a survivor, contact Yarn Legal to discuss your situation. We are here to help you seek justice and support through every step of the legal process.