If you been a victim of violence in a crime be that an assault, mugging or any type of criminal act culminating in a person being injured, you are entitled to seek compensation for your injuries from the Criminal Injuries Compensation Tribunal.
A Criminal Injuries Compensation tribunal was set up in 1974 to compensate victims of crime for loss from personal injuries.
3 Month Rule!
An application for compensation should be made pretty quickly after the crime. A victim has a 3 month time frame to complete and register their application with the criminal injuries tribunal.
This 3 month rule does Not apply where a fatality has occurred.
Application Forms for victims of crimes can be found here Justice.ie website.
There are two Application Forms:
- Non-fatal Injury Application Form; and
- Fatal Injury Application Form.
Reporting the Incident to the Gardai
To qualify for compensation it will be necessary to inform the Criminal Injuries Compensation Tribunal that the offence giving rise to the injury is/has been subject to criminal proceedings, or that it was reported to the Gardai.
The Tribunal use the report from the Gardai in assessing the application for compensation for the criminally inflicted injury.
Persons who can claim compensation before the Criminal Injuries Compensation Tribunal
- A person who sustained and injury ( victim );
- Any person responsible for the maintenance of the victim who has suffered pecuniary loss or incurred any expenses as a result of the victims injuries;
- Where the victim has died as a result of the injury, and a dependent of the victim or, if he has no dependent, any person who incurred expenses as a result of the death;
- Where the victim has died otherwise than as a result of the injury, any dependent of the victim.
Will the person making the application need to attend the Criminal Injuries Tribunal
This is unlikely.
The Tribunal will mostly make their decision on any award of compensation without the need of the applicant. If there is an oral hearing, then yes, an applicant should most definitely attend the hearing. Your application will benefit from your attendance.
Will the Criminal Injuries Tribunal oral hearing (if required) take place in private
Will I need legal representation at the Criminal Injuries Tribunal
This is entirely up to yourself.
Will the perpetrator of the crime in question be at the Injuries Tribunal
No, not under any circumstance.
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
8(b) “In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement”