Are you a survivor of institutional abuse? Stacks Goudkamp’s experienced institutional abuse lawyers can help you understand your rights, explore your legal options and pursue the compensation, acknowledgement and support you may be entitled to.
I just want to thank Ali and the additional team members for the help they have provided me over the past three years with a case that was recently settled.
Ali’s help was second to none. She was transparent, honest, and very reassuring throughout the whole process. Additionally, she was very comforting in my time of need.
I just want to thank Ali and the additional team members for the help they have provided me over the past three years with a case that was recently settled.
Ali’s help was second to none. She was transparent, honest, and very reassuring throughout the whole process. Additionally, she was very comforting in my time of need.
This was especially noted when it came to making time within her busy schedule to allow me to come to his office and speak with him personally to discuss some of my concerns after a turn of unfortunate circumstances.
I still cannot thank Ali enough for that chat. She is probably unaware of just how much help the talk between us had really meant to me.
I will highly recommend Ali and her team to any friends and family if they ever seek similar help.
Kind Regards
In NSW, there is generally no limitation period for civil claims arising from child abuse, including institutional child sexual abuse. This means survivors may still be able to bring a claim even if the abuse happened many years ago.
There is no time limit for institutional child sexual abuse cases. The Royal Commission into Institutional Responses to Child Sexual Abuse removed the limitation period in all jurisdictions in Australia.
Even where time limits are not the barrier, older claims can still involve evidence, record and witness challenges, so it is important to obtain legal advice.
The amount of institutional abuse compensation depends on the impact the abuse has had on your life, health, work, relationships, care needs and future wellbeing. In some cases, exemplary and aggravated damages are available. These are “Special Damages” that are designed to punish the offender or institution for their conduct.
Damages are the sum of money a person is entitled to if it can be proven that another party has caused them harm. In an institutional abuse case, you will be seeking damages from the institution for the harm that the abuser has caused you.
Stacks Goudkamp act on a no win, no fee basis. We pride ourselves on having experienced staff who work efficiently to achieve the best possible financial outcome for our clients. Unlike most law firms who offer a no win no fee conditional costs agreement, we do not charge an uplift or success fee. There is no pay as you go for disbursements and no litigation lenders.
It is difficult to provide an exact timeframe as each institutional abuse claim is unique and brings its own individual facts and issues. Most cases take 12-18 months to get to a mediation or settlement conference. If your case does not settle at mediation, we expect it to take a further 12-24 months.
Survivors should obtain legal advice before applying for or accepting an offer from the National Redress Scheme, because redress and common law compensation are different pathways and accepting an offer may affect future rights.
You should always speak to a solicitor at Stacks Goudkamp before applying or accepting an offer from the National Redress Scheme. If our advice is that you make an application to the National Redress Scheme, then we can refer you to knowmore https://knowmore.org.au/, who can assist with that application, free of charge.
A previous settlement or Deed of Release does not always mean there are no further options, but it must be reviewed carefully by an institutional abuse lawyer.
Legislation has been introduced in some States that may allow you to revisit your settlement. If you settled your case before the Royal Commission into Institutional Responses to Child Sexual Abuse or for under $100,000.00 then you should speak to a lawyer at Stacks Goudkamp about the possibility of re-opening your case.
You may still have an institutional abuse claim even if you are not sure who was legally at fault. A lawyer can investigate which institution was responsible, whether negligence or vicarious liability may apply, what evidence is available and which legal pathway is most appropriate for your circumstances.
You do not need every document before contacting an institutional abuse lawyer. Helpful information may include the name of the institution, approximate dates, names of people involved, any complaint records, school or care records, medical or counselling records, police material, previous settlement documents, National Redress Scheme documents and notes about how the abuse has affected your life.
Yes, you may still be able to bring an institutional abuse claim even if the abuse happened many years ago or records are incomplete. Historical abuse claims often require careful investigation, including identifying the responsible institution, reviewing available records, considering witness evidence and assessing whether negligence or vicarious liability can be proven.
Look for an institutional abuse lawyer with experience in historical abuse claims, common law compensation, trauma-informed practice, institutional liability, National Redress Scheme issues and previously settled claims. You should also ask how legal costs work, who will manage your claim and how you will be supported and updated throughout the process.
Institutional abuse compensation may include damages for pain and suffering, psychological injury, economic loss, loss of earning capacity, treatment expenses, care and assistance, and in some cases aggravated or exemplary damages.
In most circumstances, sexual abuse has a severe impact on your mental health, ability to lead a normal life and your financial position. It impacts your family, your friends and alters the trajectory of your life. If you have been sexually abused as a child in an institution, then you may be entitled to claim compensation for the impact of that abuse.
Sexual abuse law is a complicated and developing area of law. In institutional abuse claims, common law cases are brought against the institution for negligence and vicarious liability.
To bring a common law case in negligence, we must prove that the institution was aware or ought to have been aware that the abuser was a risk.
To bring a common law case in vicarious liability, we must prove that the abuser was employed by the institution and that the abuse took place, in the course of that employment.
It may seem simple, however, finding evidence to support a claim in negligence and or vicarious liability in an institutional abuse case takes experience. Often, compromise and negotiation is required in cases of this nature because of these difficult legal arguments.
Damages in legal terms means money…
The range of damages for each case will vary…
Such as:
We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For over 40 years, Stacks Goudkamp has been helping injured Australians to receive the compensation they need and deserve.
We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For
over 40 years, Stacks Goudkamp has been helping injured Australians to receive the
compensation they need and deserve.
Call or Email us to start the process and to receive expert legal advice for personal injury or compensation claims. Seek the professional support you deserve on (02) 4058 2715 or enquire online through our website.
We are just a call or email away. Do not struggle with complex personal injury claims processes and in dealing with insurance companies on your own. We are here to listen and to help you to get the compensation you deserve.
We will not charge you for a comprehensive initial consultation where we will listen to your needs and provide you with free detailed advice. Compassion is what drives us. You can be sure that your questions will be answered.
Here, we will explain the next steps and what it takes to achieve the best possible outcome.
We will not require you to pay our legal fees, or any expenses (disbursements), unless we win your personal injury claim i.e you receive compensation. We know that being injured can result in terrible financial pressures.
We pride ourselves on giving every injured Australian the peace of mind that we will look after them by acting on a no win no fee basis for their compensation claims.
Contact your local team for a free consultation to find out if you are eligible for compensation
I could write a book as to how the last 4 years would have been different if not for Tom and his team.
The support, assistance, advice from the first conversation till even after the settlement was second to none from the team at Stacks Goudkamp.
Four years on and after many downs, my children and I have our lives back.
We are unable to THANK YOU enough, but know that you have changed our lives for the better in so many ways since the accident.- Andrew and Family