Assault & Sexual Assault
If you are assaulted or sexually assaulted, you may be eligible to make a claim with our assault lawyers for any injury sustained either physical or psychological.
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Can I claim compensation for being assaulted?
If you’ve been assaulted, sexually assaulted or subjected to battery, you may be able to take action against the person responsible and claim compensation for the injuries you’ve suffered. In these cases, you don’t need to prove negligence — the law focuses on the fact that the act was intentional and caused you harm.
Assaults can happen in many different situations, including:
- being attacked by a stranger in a public place
- violence in a pub or nightclub, whether by another patron or by security staff
- assaults involving a family member
- excessive force used by police
- assaults that occur in the workplace
Who caused the injury, and where it happened, will determine who can be held legally responsible. While the offender may be personally liable, it’s often possible to claim compensation from another party, such as:
- the State of NSW, if the assault involved police acting outside their lawful powers
- a pub or nightclub, if they failed to manage a known risk or if security staff used excessive force
- an employer, if the assault occurred in the course of employment
Assault and battery are intentional torts. Battery involves deliberate physical contact, while assault involves creating a reasonable fear of that contact. If your claim succeeds, the responsible party must pay compensation — but recovery can be difficult if the offender has no assets, which is why identifying other liable parties is so important.
Every assault claim turns on its own facts. Speaking with an experienced personal injury lawyer is the best way to understand your options and whether you have a viable claim.
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I cannot speak highly enough of my experience with this workers Compensation team. When I first reached out, I was completely overwhelmed and unsure about the process. I hit rock bottom - unable to return to work, struggling emotionally, and feeling like I had no direction. From the very beginning, the solicitors were nothing short of amazing. They were patient, understanding and incredibly supportive at a time when I needed it most. They took the time to explain every step in a way I could understand, never making me feel rushed or alone. Their professionalism was matched only by their compassion and that combination made all the difference. Throughout the entire journey, I felt heard, respected and genuinely cared for. They fought for me when I didn’t have the strength to fight for myself and thanks to their dedication, I was able to get the outcome I needed to rebuild my life. If you’re unsure, scared or feeling lost like I was, I can confidently say you will be in the best hands with this team. They helped me through one of the hardest chapters of my life, and I am truly grateful. I can’t thank or recommend Garling & Co Lawyers enough.
Matthew Garling and his team have provided incredible support and guidance throughout my MVA damages claim this year, and I can’t thank them enough for making this journey feel like such a breeze. When I initially engaged Garling & co, I had no understanding of what was ahead. I was anxious and unsure about the process, while also navigating the physical challenges of my injuries. With assurance that my matter was being handled with high level of expertise, professionalism and integrity, I was able to focus on recovery instead. Throughout the process, Matthew and Allison have been honest, straightforward and efficient in all communication; being a supportive buffer in all dealings with the insurer, and consistently committed to a successful outcome. The outcome was excellent, and it is with huge relief and great thanks that I can put this matter behind me. I would highly recommend the services of Garling and co for any injury claims of a similar nature, and I’m forever grateful to Matthew and his team.
A big thank you to Matthew for his expertise, dedication, and genuine care in handling my matter. The outcome exceeded my expectations, and I am truly grateful for the excellent work of his entire team. Outstanding results - highly recommended.
Why Should I Choose Garling&Co Lawyers?
At Garling&Co Lawyers, we treat our clients with respect and support through what can be difficult process. Our lawyers have extensive experience and are all Accredited Specialists in Personal Injury Law, who are dedicated to achieving the best outcomes for our clients. Here are some key reasons to choose us.
Find out more about Public Liability
Dog Bite Compensation
If you have been bitten or attacked by a dog and have suffered injury, you may be eligible to make a claim for compensation against the owner of the dog.The owner of the animal is strictly responsible for any damage the dog has caused in accordance with the Companion Animal Act NSW 1998.
Occupiers Liability
If you are injured whilst on someone else’s property, this is sometimes known as an occupier’s liability claim. Examples of such claims are slips, trips and falls in supermarkets or shopping centres, injuries sustained on leased premises, injuries in car parks, injuries in hotels or clubs, injuries on building sites or injuries on any premises that are owned or leased by someone else.
Civil Liability
Garling and Co can help you with your civil liability claim. We’ve put together a fact sheet below that addresses some of our frequently asked questions but if you have any other concerns about civil liability, please do not hesitate to get in touch with our expert team today.
Duty of Care
The term ‘duty of care’ refers to the legal obligation to take reasonable care not to injure or harm another person. This extends to personal injury or death, damage to property, and economic loss.If a person fails to exercise reasonable care they will likely be found negligent and therefore liable for the injury or harmed sustained.
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