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Compensation for victims of a crime

Posted in [Blog General Legal Tips ] on Wednesday, September 2nd, 2020

As a victim of a crime you may be entitled to compensation.

There are two main ways to be compensated for a crime that takes place in Ireland or on an Irish Ship or aircraft. (Air rage is becoming more common) and these are as follows;Court Order:In some criminal cases, the Courts may decide that an assailant must pay an amount of money to you by way of compensation. This may be done by one of several conditions that the Court will impose on the offender so that they can avoid a prison sentence. There is no guarantee that the assailant will be in funds to pay you or if the assailant can, the compensation payment still might not reflect the seriousness of your injury sustained in the assault.

Alternatively, you may bring a civil case against the assailant, seeking a Court Order for damages for your injuries and loss. However, it is important to remember that unless the assailant is “a mark” (has money or access to money to comply with final Court Order) it may not be worth pursuing. You will need to give careful consideration to taking a civil case as it can be long and costly with no financial reward at the end.Scheme of Compensation for Personal Injuries Criminally Inflicted:If you are injured as a result of a crime or whilst helping (or trying to help) to prevent a crime or save a human life, you may be entitled to compensation under this scheme.

The scheme also provides for dependants of a fatal criminal injury to receive compensation. You may be compensated for funeral expenses and burial expenses as well as loss of potential earnings for the dependants of the fatal victim. You can also claim for the costs of replacements services that the deceased may have provided to the next of kin.This scheme is handled by the Criminal Injuries Compensation Tribunal (CICT) and the Department of Justice and Equality operates the scheme.

There are exceptions to the scheme.The scheme pays compensation for expenses and losses suffered only.Under the terms of the scheme applications for compensation should be made as soon as possible and must be made within 3 months from the date of the incident causing the injury.  However, the Tribunal has discretion to admit a late application “in circumstances determined by the Tribunal to justify exceptional treatment”.In order to consider your claim the Tribunal will ask the Garda Siochana for their report on the crime.

If you did not report the crime to the Garda immediately, the Tribunal can make a decision to drop your case.  However, if the Tribunal is satisfied that you made all reasonable efforts to notify the Gardaí of the crime and to cooperate fully with the Gardai, it may still consider your claim.The information you provide in the Application Form will be used to decide your case and you will not have to appear in front of the Tribunal.  A Single Member of the Tribunal (Solicitor or Barrister) will make an Award.

If you are not happy with the Award you have a right of an Appeal before three members on the panel of the Tribunal. This will not include the member who made the first Award. At the appeal hearing you can attend and present your case to the panel. The decision of the three member Tribunal is final.

We at Cantillons Solicitors will expertly guide you through this above process.Contact us at Cantillons Solicitors at +353 (0)21 -4275673 or if you would like more information.* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. Share on Social

Related Experts

Ernest J. Cantillon

Managing Partner

Liam Dunford

Legal Executive

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