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If you have been the victim of a crime you may be entitled to compensation. There are two main forms of criminal injury compensation claims in Ireland, namely: A court order or via the scheme of compensation for personal injuries criminally inflicted. Court Order In some cases, you can bring your offender to court to be sentenced for his/her crimes against you. In such cases the court may decide to award compensation to you for your suffering. This may be as well as a sentence to imprisonment or imposed as a penalty with a suspended sentence – this usually depends on the severity of the crime. If you have suffered damages, be it physically or financially, due to the illegal or unlawful act of another third party’s actions, then you are entitled to take the legal recourse and file for a compensation claim. These claims cannot only recuperate some, if not all of your losses but they ensure that justice is served and the person responsible be prosecuted. If you want to get the best criminal injuries compensation scheme, it is important that you do so in the right way and choose the right solicitors. You must firstly establish that the crime took place and then you must provide evidence that you endured: mental, physical, or financial damage as a result.It is advised that if you intend to make such a claim that you do so with the assistance of a lawyer or solicitor who specialises in this area of law. He or she will have the qualifications, knowledge and experience to advise you regarding the best practice in the pursuit of your case. Again the severity of your case will be considered throughout the process. In Ireland financial rewards for criminal injury claims is approximately 111 per year. Thus, it is crucial that you follow the procedures as advised, as failure to do so could lead to the dismissal of your case. Evidence namely a Garda reportis always required during a criminal injury case, thus you must have reported the incident within 48 hours of it occurring – if you have been unconscious a statement should be made within 48 hours of your recovery. Medical reports and psychological reports may be required where applicable. In the case of the death of a loved one a family member can make a claim on their behalf. Although there is no time frame, for you to make a claim it is always best to do so as soon as possible, as the Garda report must be filled immediately anyway. Scheme of Compensation for Personal Injuries Criminally Inflicted The scheme of compensation for personal injuries that have been criminally inflicted is another method of making a claim. This scheme is funded by the Department of Justice and Equality and administered by the Criminal Injuries Compensation Tribunal. However, there are still strict rules that must be followed if you choose this method of pursuing a case. Also the scheme only covers very specific losses and compensation will only be awarded in two circumstances: (1) if you have suffered as a direct result of a violent crime or (2) if you have suffered as a result of assisting the prevention of a crime, or assisting in the saving of a human life during a crime. Again theinjured party (the victim) or, if that person has died, the immediate family of the victim can claim compensation under this scheme. Also, if you are responsible for looking after the victim, and are out-of-pocket as a result of his or her injuries, you may claim compensation (i.e. a relative, spouse of the victim). Claims for compensation under this scheme should be made within 3 months of the incidents occurrence – if you have a reasonable explanation for not making a claim during this time the tribunal can impose an extended period during which you can make a claim. In the event of a death due to criminal injury, there is no time frame in which the family must make a claim. However, in all cases the tribunal will seek a Garda report of the crime. Thus, the crime should be reported as soon as possible: your case can be dismissed if you have failed to report it, or if you have failed to cooperate with the Garda during any follow up questioning. It is advisable that all persons making a criminal injury compensation seek the assistance of a solicitor regardless if it is in court or under the above scheme.
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