Institutional Abuse

Institutional abuse involves cases that involve, for the most part, minors who were abused either physically, sexually or psychologically by those in authority. Abuse can occur at school, at church, in foster care or juvenile detention and you may have a right to compensation. Even if it happened a long time ago and was never reported, you may still be able to claim compensation and seek justice for any harm endured.  

Understanding Personal Injury Claims 

Survivors have the right to seek compensation for physical injuries, emotional distress, and other forms of harm inflicted upon them while under the care of an institution. These claims may vary depending on the nature and extent of the abuse. That claim can include compensation for pain and suffering (and possibly including aggravated damages), past and future loss of income, past and future medical expenses. Compensation will be payable either by the person who inflicted the abuse, or the institution who employed the offender. While money will not repair any physical and psychological damage caused by years of abuse, it can assist with medical treatment costs and living costs for those who struggle to maintain full-time employment. 

In child sexual abuse matters, the court may award aggravated damages. These damages compensate for hurt and humiliation. If the offender’s post-abuse behavior increases mental harm, aggravated damages may apply. This includes denying clear liability.

Family members previously could not claim damages. But in 2024, the High Court made a key decision. The father of a deceased son can now pursue damages. He suffered shock learning of his son’s abuse in the mid-1990s.

In New South Wales, there is a statute of limitations that sets a time limit for filing personal injury claims. Institutional abuse cases involve sensitive issues. The legal system recognises delayed reporting by survivors. Recent legislation extends the claims timeframe. This helps survivors who couldn’t report sooner. Crucially, there is no time limit to bring a claim if the abuse happened when the person was a child.

You will be required to document the abuse you suffered. You must gather supporting evidence. This includes medical records, photographs, and witnesses.

Seek legal advice from our specialised lawyers who will handle your case with sensitivity. It is not an easy thing. We will explain your rights, assess how likely your claim may be to succeed and outline any potential outcomes. Contact us now for a free no-obligation consultation on (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or via our enquiry form. Time limits may apply in matters other than sexual abuse so you should find out your legal rights as early as possible.