In order to qualify for a Criminal Injuries Compensation Authority award the claimant’s behaviour before, during and after the violent incident is taken into account. Provocation prior to the incident, retaliation at the time or subsequent retribution by the claimant will usually be sufficient for an award to be refused. The assault must be reported to the police or a relevant authority as soon as reasonably possible. A delay of just a few days may be grounds to refuse an award. The victims record of ‘unspent’ criminal convictions is taken into account on the basis that it is against the public interest to compensate someone who has a substantial criminal record particularly if that includes previous offences involving violence. The Criminal Injuries Compensation Authority claim form must be submitted within two years of the assault taking place however the CICA does have discretion on time limits and particularly in the case of some instances of sexual abuse will consider claims that occurred in the victim’s childhood. The victim must fully co-operate with the police and the prosecution authority. It is not necessary for either a criminal prosecution or a conviction to make a successful CICA claim.
The Criminal Injuries Compensation Authority will make an award in the case of a fatal injury in the fixed sum to the next of kin which includes a spouse, parent, partner or child and if there is more than one potential claimant will pay each of them a fixed sum plus reasonable funeral expenses. In this case qualifying conditions include injuries as a result of crimes of violence, injuries incurred while apprehending or attempting to apprehend an offender or a suspected offender or whilst assisting a police officer to carry out the same task or in the prevention of an offence. The CICA can also make payments to dependents of a person killed as a result of violent crime.
Fatal Injury Claims
The CICA will pay compensation in the case of fatal injuries caused as a result of criminal activity including murder however it may also be possible to take civil action against the perpetrator dependant on the killers personal circumstances most specifically their assets.
Fatal injury or accident claims can prove to be amongst the most complex personal injury compensation cases that a solicitor can pursue. It is extremely important that the lawyers who act for you have the knowledge and experience to deal with the difficult issues that may arise. Following the tragic death of a friend or relative, at the forefront of our minds is ensuring that a fatal injury compensation claim is dealt with compassionately and in a way that reduces the stress to the grieving party. It should however be noted that time limits do apply and legal action in the civil courts must be instigated by way of either settlement or the issue of proceedings in a court of law within 3 years of the date of the fatal injury. CICA application have different time limits and an application should be made as soon as possible after the event.
Fatal Injury Claim Requirements
A dependent in a fatal injury claim may need to satisfy the following requirements:-
- that the deceased was injured and died as a direct consequence of someone else’s deliberate or negligent act
- immediately prior to death the deceased could have brought an action to recover damages
- that the potential dependant’s have suffered loss as a result of the death
Definition of Dependent
The definition of ‘dependant’ is defined by statutory law and can include the following persons which is not an exhaustive list and your lawyer will be able to explain the scope of dependency and who can rightfully claim under the legislation:
- widow/widower of the deceased
- deceased’s infant children
- parents of the deceased
any person who was living with the deceased as husband or wife immediately before the accident and was doing so for at least two years prior to the accident. For More Information Visit: Accident Compensation Solicitors