Criminal Injury Claim - Compensation
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A criminal injury claim can be filed if you are the victim of a criminal attack. Also, this is also possible if one of your relatives died because of the injuries sustained after such an attack.
But what qualifies as a criminal attack or a violent crime against you or one of your relatives? Well, basically, anything that another person intentionally did and resulted in injuries. For example, a deliberate physical attack or sexual offense is regarded as a violent crime. Also, poisoning is included in this category and even the mere threat of violence can be considered as a violent act. If I were to relate it to road accidents, I would say that usually the traffic events don’t qualify as violent crimes unless the driver of the other vehicle intentionally tried to force you into having an accident.
A pre-meditated crime is usually a crime in which the criminal will try to escape being caught. However, if the person who injured you is not caught at the time of your claim, you can still file it. Just make sure that you give your full co-operation to the police and report everything as soon as possible.
The injuries which can be compensated are both the physical and the mental ones. I don’t need to tell you that along with the possible physical injuries the victim may be inflicted with deep psychological scars.
The time limit for your criminal injury claim is two years after the accident
There are only a few cases in which this time limit doesn’t apply. For example, if you were a child at the time of the incident, or if your English is poor, or if you already had psychological disabilities at the time of the injury, the time limit may be longer.
The losses which can get compensated for are of two types: general losses and future losses. The general losses (or the direct losses) are the ones which were directly caused by the attack (like the injuries you suffered). The future losses are being regarded as the things that you will be deprived of in the future as a consequence of the attack. For example, you may never be able to work again. This qualifies as a future loss.
If, on the other hand, you lost a loved one in a criminal attack, you can file a claim if you are a close relative like: a husband or wife; a partner who had been living for at least 2 years with the person who died (those 2 years must actually be the 2 years prior to the victim’s death); a parent (it isn’t necessary to be a natural parent, just a person whom the victim considered a parent); a child (again, the same note applies as in the parent’s case); a former husband or wife (but he/she must have been financially supported by the victim).
You must remember one last important thing. Your compensation claim can be rejected or the compensation amount greatly minimized if one or more of the following things happen:
You don’t report the crime immediately after it happened;
You don’t co-operate with the police;
Your behavior before or during the attack is considered inappropriate (you started the fight, for example);
You have criminal convictions.
Being the victim of a criminal attack can be a traumatic event that may change the course of your life forever. Either a pre-meditated action or a sudden attack, it can leave you with deep physical and psychological wounds. But remember, the criminal injury claim is here to help you!
The Author
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