Compensation Law

PERSONAL INJURY / COMPENSATION LAW

We provide services anywhere in Australia and around the world for clients who require workplace advice, traffic related advice, incidences which are the fault of another or as the result of negligent medical treatment. We also enquire into each matter to see whether our clients are eligible to access superannuation and disability insurance. Our clients rest assured that when they approach our firm, we will thoroughly investigate each area of compensation available to them.

We act for clients who have been injured anywhere in Australia, as well as those injured overseas. Our affiliations with Lawyers Associated Worldwide (“LAW”) and IR Global mean that we can act for anyone almost anywhere in the world. Your matter will be closely monitored by our staff no matter where in Australia or the world your incident may have occurred.

Our expert and efficient lawyers can deal quickly with all aspects of the complicated compensation recovery systems while remaining sympathetic and available to our clients.

Please contact our office with any queries at a no obligation initial consultation. We act no win/no fee which means that we only charge costs at the end of a successful matter.

SEXUAL ABUSE

You may have legal rights to a civil claim for financial compensation for sexual abuse suffered. Each claim is different and laws vary from state to state so you should always seek legal advice to find out your entitlements.

Koffels have lawyers experienced in the field, compassionate and trained to enable them to best help people who have suffered abuse. We understand how suffering sexual abuse destroys the life not only of a child or young person, but of the individual in their adult life. It affects not only the victim, but the victim’s family and friends. We know of the need for victims to take action, be heard, be vindicated and re-claim power over their lives. Statistics show that it is more often than not that the victims of sexual abuse live with their trauma for many years before they can face being able to reach out and seek the help they so badly deserve.

While nothing is able to change the past, financial compensation can go some way towards assisting you to live a better life for both yourself and your family. In many circumstances we have come to see that while the process can be most difficult to confront, the results are often cathartic and lead to a renewed ability to move on with their lives.

Before we undertake any work, you will be given a cost agreement which outlines how we calculate our fees for our legal services, and an estimated range of your legal costs. We offer “no win no fee” for our professional legal fees when we believe that your case is reasonably likely to succeed. This means that, with the exception of “out of pocket expenses” such as records and reports, you do not have to pay our professional legal fees unless you are successful in your claim. The fees are paid at the successful conclusion of your matter, out of any settlement or judgement monies.

Koffels are aware that there have been many victims of institutional sexual abuse who have made a civil claim either as individuals, or under a class action with other victims, and have received very little compensation after legal fees have been paid. We are extremely proud of our past record for achieving some of the most successful remunerative results for our clients. We are also proud of what it has meant to those clients to be able to achieve vindication for their suffering, and to have given them a voice.

We do not undertake a claim unless we genuinely feel there is the opportunity for a successful result. We offer a free first consultation with an experienced lawyer under the strictest confidentiality and without any obligation to proceed. We will advise you of the process, and what is involved in making a claim to enable you to make an informed decision. Having that first consultation is the first step in the journey.

Ross Koffel has been, and remains, a strong advocate for the rights of victims of sexual abuse with representation across radio, television and newspapers.

The Royal Commission into Institutional Responses to Child Sexual Abuse

The Australian Government established the Royal Commission into Institutional Responses to Child Sexual Abuses in 2013. Koffels are proud to have been selected to appear before the Commission, as the advocate of an abused victim.

Participating in the Royal Commission is a chance for victims to speak of their suffering and for many victims it is the first time that they have ever revealed that they were abused.

Institutions which the Royal Commission is investigating includes public and private institutions such as; childcare, cultural, educational, religious, sporting and other institutions.

You can find further information about the Royal Commission and the process of giving evidence at: www.childabuseroyalcommission.gov.au

You can also contact the Royal Commission by telephoning 1800 099 340; email contact@childabuseroyalcommission.gov.au; or by sending a letter to GPO Box 5283, Sydney NSW 2001.

Important status update: Royal Commission recommends a limitation of Liability

The Royal Commission’s final report on redress and civil litigation was released on 14 September 2015.

This report recommends that instead of the current redress offered through civil litigation for an award of damages for victims of institutional child sexual abuse, a single national compensation scheme should be established.

The Royal Commission has recommended that this redress scheme should provide:

  • A direct personal response from the institution including an apology and an assurance of the steps taken to protect children against future abuse;
  • Counselling and psychological care; and
  • Monetary payments to recognise the seriousness of the hurt and injury suffered by the victim.

In order to determine the monetary amount payable to a victim, the Royal Commission has recommended an assessment of the severity of the abuse, impact of the abuse and other additional elements. They have recommended that the maximum monetary amount payable under the scheme should be $200,000.

While the Royal Commission’s recommendations have been made with the best of intentions based upon the evidence gathered during the extensive Royal Commission process, these recommendations will significantly reduce the compensation payable to victims of institutional abuse.

While it is important to understand that every case is different, at Koffels we have been successful in obtaining settlements for victims of institutional abuse which are significantly higher than the maximum recommended by the Royal Commission.

Ultimately, what this means for victims of institutional abuse is that you need to be aware that within two years the legal process of obtaining compensation is likely to change and will reduce the amount of compensation you are able to claim. This will have dramatic implications for your ability to obtain compensation to build a financially stable environment for both you and your family, which you otherwise would not be able to do as a result of the sexual abuse.

Accordingly, it is essential that if you have suffered institutional child sexual abuse, it is the best interest of victims to contact us to discuss your entitlements. We will provide you with advice and if you have a claim, it can be made before the changes are implemented.