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After Sustaining Criminal Injuries Seek Justice in The Form Of Compensation! by Andersonand gallagher
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After Sustaining Criminal Injuries Seek Justice in The Form Of Compensation! |
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Law
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Making a criminal injury compensation claim is the first step in the recovery of financial losses you may have endured as a victim of crime. The Criminal injuries compensation scheme of Ireland however is quite different when compared to similar schemes throughout Europe. In Ireland criminal injury compensation cannot be awarded for pain and suffering i.e. trauma, scaring etc. The criminal injury compensation scheme is considered to be a last resort for victims of criminal injury; to award them based on actual financial loses they may have encountered as a result of the incident..For example, the loss of earning whilst physically unable to work. In the case of death due to a criminal offence there may be some financial award for distress – this is paid only to direct dependants of the victim. Claimants who have the most success making criminal injury compensation claim are those who have suffered a violent assault, dependants of a murdered victim, or individuals who became injured whilst attempting to prevent a crime. The Criminal injuries compensation claim does not award funding to: • Victims whereby their assailant is living in the same household. • Those injured in road accidents, even if the assault was deliberate or caused by drink driving. • Victims for their pain, suffering or mental trauma, except in the case of murder. In such circumstances immediate family member or dependants of the victim may make a claim for distress. Fund of Last Resort The state of Ireland only awards compensation for criminal injury claims as a last resort. Victims of crime should have cases tried in court. However in some circumstances the attacker may be unidentifiable or incapable of paying the amount awarded. It is in these circumstances that victims may apply for compensation under the criminal injuries compensation scheme. Disabling injuries & murder The Criminal injuries compensation scheme also aids victims of crime who suffer disabling injuries. Rewards are based on financial losses to date, and the potential loss of earnings for the remainder of the victims working life. As previously mentioned above; in the case of death due to criminal injury the immediate family/ dependants of the victim may claim for financial losses and distress. Legal Advice If you have been the victim of a criminal offence leading to injury you may be entitled to make a claim. If you were injured whilst attempting to prevent an attack or save a human life you may also be entitled to make a personal injury compensation claim.
Related Articles -
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