Foster care abuse compensation
Foster care abuse claims:
Your rights, our fight
Abuse of any kind can leave emotional and psychological effects for a lifetime. At GMP Law, we understand the profound impact that abuse in foster care can have on a person’s life. If you or a loved one has experienced abuse in the foster care system, know that you are not alone and that there are pathways to seek justice.
Our dedicated team of compassionate institutional abuse lawyers focus on helping survivors of foster care abuse seek the justice and compensation they deserve. We’re here to listen, support, and guide you through the legal process with empathy and expertise.
Why Choose Gerard Malouf & Partners
Understanding foster care abuse claims
Foster care abuse compensation claims are legal actions initiated by individuals who have experienced abuse while in the foster care system.
Types of abuse may include:
- Sexual abuse
- Physical abuse
- Emotional or psychological abuse
- Neglect.
These claims seek to hold responsible parties accountable for their failures in protecting vulnerable children and to provide survivors with financial compensation for the harm they’ve endured. Foster care abuse claims are typically filed against the institution rather than the individual abuser. Fortunately, this means you won’t need to confront your abuser directly, and it’s unlikely that you’ll encounter them during the claims process.
The claims process typically involves:
- Establishing the occurrence of the abuse
- Identifying the responsible parties (e.g., foster parents, care institutions, government agencies)
- Documenting the impact of the abuse on the survivor’s life
- Gathering evidence and expert testimony
- Negotiating with relevant parties or proceeding to court if necessary.
At GMP Law, we guide you through each step, ensuring your voice is heard and your rights are protected.
We're here to help.
Eligibility for foster care abuse compensation
You may be eligible for foster care abuse compensation if:
- You experienced physical, emotional, or sexual abuse while in foster care
- The abuse occurred due to negligence or failures in the foster care system
- You’ve suffered long-term effects as a result of the abuse.
Examples of eligible claimants include:
- Adults who experienced abuse in foster homes during their childhood
- Individuals who suffered abuse in group homes or institutional care settings
- Those who experienced inadequate care resulting in harm
- Survivors of historical abuse cases, even if the events occurred decades ago.
Each case is unique. At GMP Law, we assess your individual circumstances to determine the strength of your claim and advise you on the best path forward. We offer a free initial consultation so you have nothing to lose as you explore your options.
Factors affecting compensation
If you file a civil claim, you may be eligible for compensation for:
- Lost past and future earnings due to the abuse
- Future expenses related to your recovery
- Treatment costs, including therapy, both past and future
- Pain and suffering endured.
When considering foster care abuse compensation amounts, many factors are taken into account:
- The nature and severity of the abuse
- The duration of the abuse
- The long-term impact on the survivor’s mental and physical health
- Effects on education, employment and relationships.
Our experienced team of institutional abuse lawyers at GMP Law carefully evaluate these factors to build a strong case for your claim. We’ll work tirelessly to ensure you receive the maximum compensation you’re entitled to under the law.
No Win No Fee
Fee transparency that you can trust
At GMP Law, we’re committed to ensuring you have nothing to lose.
If we don’t win your case, you won’t pay a cent for our services. This means you can focus on healing without worrying about legal costs.
How it works
No upfront costs
No contingency fee
We’ll only charge you if we win.
We maintain integrity by carefully evaluating each case. If we believe it’s unlikely to result in compensation or if the costs outweigh the benefits, we won’t take it on.
This commitment to our client’s best interests, as well as fee transparency, sets us apart from other law firms.
With a 98% success rate and over $4 billion in settlements, we’re dedicated to delivering exceptional results for our clients.
Frequently asked questions about foster care abuse claims
Is there a time limit for making a foster care abuse compensation claim?
While there are generally statutory time limits for filing claims, most Australian states and territories have special provisions for historical abuse cases. This means that if you experienced sexual, physical, or emotional abuse before the age of 18, there is no time limit for initiating a legal case. This recognises that it often takes time for individuals to come forward about their experiences, especially when they are children or vulnerable and may not have had access to appropriate avenues for reporting.
We recommend seeking legal advice as soon as possible to explore your options.
What type of claim can I file?
If a child experiences sexual or physical abuse in foster care, you can file one of two types of claims:
- National Redress Scheme: Established by the Royal Commission into Institutional Responses to Child Sexual Abuse, this scheme offers compensation and psychological support for those who experienced sexual abuse in Australian institutions.
- Civil abuse compensation claim: This legal claim is made against the abuser or the institution, requiring proof that the abuse occurred and that the institution was aware of it but failed to act.
Note that you cannot file a civil claim if you have already accepted a redress payment. Some foster care systems may also have their own compensation schemes to acknowledge abuse, apologise to victims, and provide support while implementing changes to prevent future incidents.
What if I don’t have documentation of the abuse?
Don’t worry if you lack documentation. Many survivors don’t have records from the time of the abuse. We can help gather evidence through other means, including departmental records, witness statements, and expert assessments.
GMP Law offers free initial consultations to help individuals explore their options and potential next steps. Our experienced lawyers can guide you through the complex process of evaluating your situation.
How long does the claims process take?
After you make a claim and your institutional abuse lawyer begins working on your case, the resolution can take between 12 to 24 months or more.
Factors that can lengthen the process include:
- Locating proof of enrolment or attendance at the institution
- Filing against multiple institutions or abusers
- Determining if your case is unique or part of a larger pattern which may warrant a class action against the institution.
However, simpler cases may be resolved more quickly.
There are also fast-tracked claims for foster abuse cases, which require urgent circumstances, such as a terminal illness, to ensure survivors can seek justice within their lifetime.
Will I have to go to court?
Many cases are settled through negotiation without going to court. However, if necessary, we’re prepared to litigate to secure the best outcome for you. We’ll support you through every step of the process.
Justice for survivors of foster care abuse
At GMP Law, we’ve successfully represented clients from various walks of life, securing substantial compensation for foster care abuse claims.
Historical abuse survivor awarded $950,000 in damages
Background
Our client, a survivor of historical abuse dating back to 1988, was made a ward of the state at age 11 and placed into foster care. She suffered physical and emotional abuse in multiple group homes, and sexual abuse by a male cottage father and a male relief worker in two of the homes.
The challenge
The abuse resulted in significant psychiatric impairment, severely impacting our client’s relationships and employment. The defendant argued that it did not breach any duty of care and was not responsible for the harm caused.
GMP Law’s approach
- Issued multiple requests for departmental records
- Identified gaps in supervision records
- Arranged for an expert psychiatric assessment
- Organised an early settlement conference to mitigate unnecessary costs and trauma.1
We successfully settled the case, resulting in a $950,000 compensation award for our client, acknowledging the severe impact of the historical abuse on her life.
Real cases, real results
The compensation claim process: Your journey with GMP Law
Initial consultation
Evidence gathering
Claim submission
Negotiation
Court representation
Ongoing support
Our promise to you
Why trust GMP Law with your foster case abuse claim?
At GMP Law, we handle your claim so you can concentrate on what matters most: your recovery.
We commit to
Clear, straightforward communication
Regular updates on your case as it progresses
A personal injury lawyer who understands your unique situation
Vigorous negotiation to maximise your compensation
Empathetic support throughout your journey
Specialised knowledge
Our accredited personal injury lawyers have years of experience in accident injury claims, giving us deep insight into the nuances of these claims.
Proven track record
Difficult case policy
Australia-wide assistance
With lawyers across the country, we’re here to help, wherever you are.
Meet the institutional abuse team
Meet some of the diverse and dynamic compensation lawyers who support our clients with their foster home abuse claims.
We're here to help maximise your compensation
Book your free, confidential consultation with one of our institutional abuse lawyers using the form below, or simply call us 1800 004 878.
