Victims of violent crime in Western Australia may experience not only physical injuries but also significant psychological harm. Emotional distress, including mental or nervous shock, can form the basis of a valid criminal injuries compensation claim. While bodily harm is often visible, the psychological impact of an offence committed may be equally debilitating and deserve recognition.

Criminal injuries compensation aims to compensate victims who suffer mental or emotional trauma due to a criminal offence. Whether you are a direct victim or a close relative of a person killed, compensation may be awarded for psychological injury, pain, and suffering caused by the incident. The Office of Criminal Injuries provides guidelines on how emotional distress may be considered under the scheme.

What Counts as Emotional Distress?

Injuries suffered can go beyond physical damage. Emotional distress encompasses a wide range of psychological reactions, including anxiety, post-traumatic stress disorder (PTSD), depression, and grief. Victims who witness a violent crime, suffer abuse, or lose a loved one to criminal activity may be eligible to claim compensation for their emotional suffering.

A psychological injury, including nervous shock, is typically recognised in criminal injuries compensation claims when it results in a demonstrable impact on daily functioning. Counselling services, psychiatric care, and other psychological expenses may be compensated if linked directly to the criminal offence.

Gathering the Right Evidence for Your Claim

To strengthen a criminal injuries compensation claim, it’s essential to gather medical evidence and consult Criminal Injury lawyers. This usually includes reports from mental health professionals outlining the symptoms, diagnosis, and treatment plan for the emotional distress experienced. Supporting documentation must confirm that the condition arose due to the offence committed.

Applicants must complete an application form and include assessments from doctors, psychologists, or psychiatrists. Evidence of ongoing medical treatment such as counselling sessions, medications, and therapy expenses helps establish the validity of the emotional impact.

The Role of the Criminal Injuries Compensation Assessor

A criminal injuries compensation assessor evaluates the application and the medical documentation provided. They determine whether the emotional distress qualifies for compensation under the Criminal Injuries Compensation Act. In most cases, the chief assessor will review if the injury has been caused by a compensable offence and whether the evidence supports it.

They also assess financial support eligibility based on psychological expenses, other incidental expenses, and any interim payments made during treatment. If a district court has already determined criminal guilt, it can positively influence the assessment outcome.

How Relatives Can Claim for Emotional Distress

A close relative or de facto partner of a person killed in a violent crime may also claim emotional distress compensation. The law recognises that suffering loss and life loss impacts the mental health of surviving family members. In such cases, funeral expenses and financial loss related to bereavement may also be claimed under the scheme.

The office of criminal injuries allows victims or relatives to seek leave to appeal if the initial application is denied or if the amount awarded is insufficient. Affected persons must also be aware of the time limit, usually three years from the incident, to submit a claim.

Appealing a Rejected Claim

If the criminal injuries compensation claim is rejected or if the amount awarded does not reflect the injuries compensation needed, applicants can seek leave to appeal. Appeals are submitted through the district court, and legal representation may help build a stronger case with additional evidence or clarification.

Some appeals challenge the rejection of a psychological injury claim, particularly if the emotional distress is not immediately apparent or well-documented. It is crucial to provide clear medical records and statements from professionals to support your position during the appeal process.

What Compensation Can Cover

Compensation may include a wide range of expenses linked to emotional distress. This includes medical expenses, psychological expenses, other incidental expenses, and costs associated with medical treatment. Additionally, interim payments can be granted in urgent cases.

The law intends to compensate victims, not to offer restitution or punishment. Therefore, the focus is on restoring the applicant’s wellbeing rather than replacing costs or providing damages for not compensation claims. Applicants may also be compensated for experienced financial loss, such as time off work due to the psychological effects of the offence.

Challenges in Proving Emotional Distress

Unlike physical injuries, emotional harm is more subjective and often more difficult to prove. Applicants may feel vulnerable sharing personal trauma, and insurers or assessors may request detailed information requests to understand the nature of the condition. It is important to demonstrate consistency in suffering, symptoms, and professional diagnosis.

The claimant’s credibility, ongoing mental health struggles, and compliance with medical treatment are all considered. Having thorough records, prompt reporting of symptoms, and following prescribed therapy are all critical to ensuring a successful outcome.

Final Thoughts on Proving Emotional Distress

Proving emotional distress in a criminal injuries compensation claim requires careful preparation and detailed documentation. Emotional and psychological injuries are valid and recognised under the law in Western Australia. Victims must be proactive in seeking help, gathering evidence, and understanding their rights under the criminal injuries compensation scheme.

Whether it involves counselling services, treatment for mental or nervous shock, or covering the cost of funeral expenses for a person killed, compensation exists to support recovery and restore dignity. Always consult with a legal professional or contact the office of criminal injuries for assistance with your claim.