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Compensation for the Victims of Domestic Violence

Compensation for the Victims of Domestic Violence

  • September 9, 2020
  • mmassen
  • Comments Off on Compensation for the Victims of Domestic Violence

Dealing with compensation claims for the victims of domestic violence requires not only knowledge, skills and experience but also the right attitude and approach. Victims of domestic violence are very different from the victims of other more “everyday” accidents; a victim of domestic violence has been subjected to deliberate and wilful force and injury. We understand this and the well-being of our clients is at the forefront of everything we do.

Domestic violence is a crime; it is never the fault of the victim and all victims are entitled to seek compensation.

There are two potential methods of obtaining compensation for the victims of domestic violence:

Bringing a civil claim

In certain circumstances, it may be possible to bring a claim for compensation against the individual who assaulted you. Any civil claim needs to be brought against the perpetrator on a personal basis with any compensation being recovered paid from their personal assets. This can be from any equity in their property, personal savings, or pension et cetera.

Any civil claim needs to be brought within three years of the date of the assault, unless the victim is aged under 18 years in which case they have until their 21st birthday to issue court proceedings.

Application to the Criminal Injuries Compensation Authority (CICA)

The CICA is a government-funded organisation which makes payment to the victims of violent crime. This includes a victim of domestic violence. Awards are made based upon the type of injury suffered with different injuries attracting different levels of award.

Applications must be made within two years of the assault.

If you make an application to the CICA, the person who assaulted you is not told about such nor are they required to make any contribution to the award. Payment is made purely from the government reserves and resources.

Before making an application, you will need a crime reference number and for this reason you must have reported the matter to the police to be eligible for an award. The CICA has various other criteria that you will need to meet before an award of compensation can be made. An award can be refused or reduced if you have failed to cooperate with the police and any prosecution, or delayed in reporting the matter or you have a conviction that is still active under the Rehabilitation of Offenders Act.

You do not need legal representation to make an application to the CICA, however,  the CICA is simply there to deal with your application. Our role is to ensure that you receive the maximum compensation award. We will advise on the best way to present the medical evidence in support of your injuries (both physical and mental) as well as providing assistance in calculating any financial losses which have arisen as a result of the assault.

Instructing Cohen Cramer Solicitors

If you do choose to instruct us to act on your behalf, we would be able to deal with your application under a Contingency Fee Agreement ( a “no-win, no fee” agreement). This means that if your application is not successful, you do not pay for the work we have done on your behalf. If your application is successful, we would look to retain 35% of any award received to cover all legal fees.

To see how we can help, get in touch with us today. There is no obligation to instruct us: we are happy to talk through the issues you’ve been experiencing and advise as to what we can do to assist. All calls are completely confidential.

 

compensation for the victims of domestic violence

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