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How To Get The Best Criminal Injury Compensation by Andersonand gallagher
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How To Get The Best Criminal Injury Compensation |
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Law
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The consequences of crime vary widely depending on the nature of the crime and the damages involved. For the victim, these consequences can have physical, financial and emotional repercussions that can potentially have a long term effect on their quality of life. The scheme is separate to any compensation paid by the offender under a court order, and is funded by the Department of Justice & Equality under the Criminal Injuries Compensation Tribunal. It was set up in 1974 to help relieve some of the financial difficulties experienced by victims of violent crime and their families. In 2009, the Criminal Injuries Compensation Tribunal awarded €4.2 million to crime victims and their dependants. You may be eligible for compensation under the Criminal Injuries Compensation Scheme if: a) You are a direct victim of a violent crime b) You assisted or attempted to assist the prevention of a crime c) You assisted or attempted to save a human life d) You are an immediate family member of a victim who has died as a result of crime e) You are a person responsible for looking after the victim and have suffered loss or expense. The scheme only covers out of pocket expenses, including loss of income and medical expenses, and doesn’t compensate for pain and suffering. It also doesn’t cover any items stolen or damaged, except medically necessary items such as glasses and artificial limbs. The tribunal will take into account any social welfare payments, salary or wages you receive while on sick leave from work and also any compensation paid by or on behalf of the assailant. If the victim has died as a result of a crime the victim’s immediate family may be compensated for; loss of earnings and expenses incurred before death, future loss of support/maintenance for any dependants, funeral expenses and mental stress damages. Compensation will not be paid, however, if: • The victim and assailant were living together as part of the same household when the victim suffered the injury • The injury is a result of a traffic offense or a deliberate attempt to run down the victim • The loss is less than €63.49 • The injured party fails to give reasonable assistance to the Tribunal. If you are making a claim for criminal injury compensation it is important to remember that there is a 3 month time limit after the crime for you to submit your claim, the time limit doesn’t apply to cases where the victim has died as a result of a crime. It is also important to report the crime to the Gardaí as soon as possible as the Tribunal will look for a Garda report when looking over your claim. After you have submitted your claim, usually one member of the Tribunal will look at and decide on compensation for your case. If you are unhappy with the decision you can appeal it to different members of the Tribunal, the hearing will be done in private. Compensation is then usually paid in one lump sum.
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criminal injuries compensation, road traffic accident solicitors,
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