Compensation in a criminal case to the victim is almost always awarded. However, the only thing that most people do not know is that in criminal compensation cases, the law is territorial. This means that you can only be awarded compensation if the crime was committed in United Kingdom that comprises of England, Scotland and Wales. This might sound mighty unfair to British who can't be compensated in their own country for a crime that took place in Ireland.
Compensation in criminal cases is also different in one very important aspects – the compensation amount itself. The personal injury case due to negligence, the amount is decided between the two parties in an out-of-court settlement, or depending on who wins the case, if it goes to trial. However, in a criminal case, the compensation is decided by a Criminal Injury Board. Also, in a negligence case, the compensation could be any amount. But in a criminal case, the board has 25 predetermined compensation amounts between 1000 pounds and 5,00,000 pounds. They will award according to the severity of the injury.
Unlike personal injury due to negligence cases criminal cases often require witnesses along with evidence. Also, evidence must be strong in order to charge the assaulter for the crime. As mentioned before, the crime must have happened in England, Scotland or Wales. Unlike in a personal injury case, you don't necessarily need a lawyer for a criminal case and could go about collecting evidence and putting together a case on your own. However, people will mostly prefer getting a lawyer because they are then in a better position to understand the details of law. If you do not want a lawyer, the court gives you a case worker who will help you collect evidence and also understand legality.
Other than securing a sentence for the accused, in order to obtain compensation, you will also need to get yourself checked by a doctor as soon as possible and keep the reports safely. You may also want to ask the doctor to testify on your behalf. You must also report the incident to the police within 48 hours, and obtain a police report of the same. Ensure that you file for a claim within 2 years. If the victim dies in the incident, then his dependents or relatives can claim compensation on his behalf. In violent crimes like assault or rape, it is also important that the doctor note and report your mental condition.
Hiring a lawyer for your case will often help a good deal, but you need to go about this process carefully and make sure you have a good one by your side.
Personal injury claims and
criminal injury claims are quite different, which is why they need to be dealt with differently. Find out how at claims4negligence.co.uk
