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What State are you in please? And, what type of a case do you have in mind?
I'm in Queensland and I would like compensation for my pain and the scares I have.
You would have to sue your wife. Do you want to do this? If you received in the action and award off substantial damages, which he be able to pay such a judgement?
Typographical error – that should have been "an award of substantial damages, would she be able to pay such a judgement".
I don't think she would be able to pay much but I think something has to be done.
We have been separated for 10 months.
Well, I can't see anything which would prevent you making the claim. I have been involved in injury claims for many years here in Victoria. I never ran a claim of this type, but I cannot think of any legal impediment.
There are some issues in some States about threshold levels of injury, but, certainly in Victoria, this does not apply to claims involving intentional acts.
Your claim would be for civil assault, and you would claim what are called common law damages. Common law damages will compensate you for all of your losses, past, present and future, whether of a pain and suffering nature, medical expenses or loss of earnings, or loss of earning capacity.
You may also have a claim, which would involve a much more restricted form of compensation, if you have a crimes compensation tribunal. This is not an action against your wife, it is a claim upon revenue of the State. Normally a police report would be required to enable you to prove the incident happened, but you could seek advice on this. This may not give you what you want.
I suggest you contact a good personal-injury specialist firm like Slater and Gordon. I think they have a free advice line; you ring them and I think you will speak to probably a junior solicitor, who will filter calls to more experience solicitors. I am sure they have an office in Brisbane.
This is a fairly specialist area these days, it has become quite complicated in some aspects, and it is very important you have a specialist solicitor acting for you.
Thanks for your help it has been very helpful.
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