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Institutional Abuse

Institutional abuse is when an individual or group of individuals are neglected or suffer because of poor or neglectful care practices within an organisation or care setting. The abuse can be a single incident or happen regularly over a long period of time.
Sadly, the abuse can range from psychological to physical (including sexual).
If you’re experiencing abuse or if you’re aware of someone who is, please talk to a member of our team for confidential advice and support.

Where can institutional abuse occur?

Whilst institutional abuse is most commonly associated with churches or the foster care system, it can happen in any institution such as:
The abuse is committed by someone working at the institution who uses their position of power to abuse an individual or group of individuals who are vulnerable and rely on their care. Victims of institutional abuse can also be employees or volunteers.

Examples of Institutional Abuse

Institutional abuse is not limited to physical or sexual abuse. It can take many different forms such as:
This is not an exhaustive list, and individuals in the same institution may suffer different or varying degrees of abuse.

Time limits

Generally, a personal injury claim must be lodged within three years of the incident.
Time limits applied to claims for injuries resulting from institutional abuse can vary, depending on the circumstances of each individual case. We will discuss the relevant time limits that may apply to your specific circumstances.

Frequently Asked Questions

Got a question? Get your answer.

Monetary compensation can never erase or repair the physical and psychological damage however, it can help cover medical treatment costs and living costs for the victims who struggle to maintain employment due to their injuries.

  • Step 1: Report your abuse case to the police
  • Step 2: Seek medical assistance as soon as possible, to help you deal with any short or long-term physical or psychological damage. Your GP will be able to direct you to allied professionals who can assist you with mental support.
  • Step 3: Contact AMK Lawyers about your legal rights, remembering that time limits do apply. Complete the enquiry form or call us directly for a confidential no obligation discussion about your claim.

You may think that by lodging your own claim you can save time and money, but statistically, people who represent themselves achieve a less than favourable settlement, compared with those who are represented by an experienced personal injury lawyer. It is very common for insurers/defendants to make low offers before settlement conferences and legally represented persons have the advantage of receiving advice regarding the reasonableness of an offer and whether the matter should be pursued further through the system. Often it is necessary to issue court proceedings to achieve a just outcome.

It is also important to consider the stress and complexities involved with a claim and dealing with insurance companies, who aim at resolving claims for as little as possible, without regard for a person’s future well-being. Once a claim is settled, it is once and for all and you cannot later come back and try to achieve further compensation for the injuries suffered in the abuse.

Your future is important, and it is our priority to ensure we achieve the best possible outcome.

In each case, AMK Lawyers will work with you to understand the circumstances surrounding your injury from the abuse and then advise you on your prospects for achieving a successful injury compensation claim. This injury compensation claim could be used to compensate you for pain and suffering, medical expenses, physical or emotional rehabilitation needs, other direct expenses, plus loss of past and future earnings including overtime and care claims.

The amount of compensation you receive will depend on a combination of factors including the nature and extent of your injuries, your age, your loss of earnings and likely loss of earnings in the future, the amount of care you need or may need, your out-of-pocket expenses and any future expenses incurred from the incident.

It is important to understand that every claim is unique, and it is very difficult to predict what a claim may be worth until we have gathered all the necessary information/documentation we need as part of the process to assess a claim. The seriousness of your injuries and how they impact your daily life and work capacity can provide some guidance.

Many clients are concerned about whether their matter will end up in Court. This can cause anxiety and stress. The good news is that statistically speaking 99% of matters are resolved without the need to go to Court. As such, there is very little chance your matter will need to go to Court to be finalised.

Most matters are normally resolved at the compulsory conference with the Insurer and failing this at a Mediation after a claim is instituted in Court. A claim being instituted in Court does not mean that your matter will go before a Judge, and there are many opportunities to resolve a claim in this stage. We will explain this further when we speak with you.

Disclaimer: This information is designed for general information in relation to Queensland compensation law and does not constitute legal advice. We strongly recommend you seek legal advice in regard to your specific situation. For help understanding your rights, please call 07 3136 3287 or 0431 374 476 to talk to one of our lawyers today.