Almost every victim of criminal injury, in any part of the world is entitled to monetary compensation along with justice. However, compensation in criminal cases is bound by stricter laws, since the case itself is complicated and stakes are very high. Also, compensation in criminal injury cases differs from region to region. Find out what you could get if you're in the UK.
Any kind of injury suffered from criminal intent (as opposed to negligence) whether physical or mental, is compensated, as per the rules of the Criminal Injury Compensation Authority in UK. This is quite different from compensation for injury caused due to negligence which can be decided by the parties between themselves, without involving the court.
Another important factor are the police. Injury in criminal cases requires court trials, sentencing, and then compensation. In order to get a conviction it is important that there be a police complaint and a report of it too. The police will investigate and collect evidence and witness statements, and their testimonials also carry a lot of weight in court. Ideally a police report should be filed within 48 hours of the incident.
Unlike a negligence case, in a criminal injury case, you get 2 years within which you should file a claim for compensation in the court of law, in the UK. This period may vary from country to country. However, even in the UK, the period can be extended in case you were a child when the injury happened. Alternatively, your parent or guardian could file a claim on your behalf if you're under eighteen.
Location is a determining factor in criminal injury cases. The criminal law differs from location to location. For example, the Criminal law of UK applies to injuries that took place in the provinces of Wales, Britain and Scotland. Thus, even if you're a citizen of Wales, you cannot file a claim in British court of law for an injury you sustained in America, or even Ireland.
The amount of compensation is decided by the Criminal Injury Compensation Authority. Usually there are pre-determined levels of compensation applying to injuries of different kinds, depending on their severity. This is quite unlike a negligence case where parties can arrive at a mutually acceptable compensation without court intervention.
The compensation you receive does not cover your legal cost, which you will have to bear on your own, if you hire an attorney. However, in the UK most attorneys agree to enter into a 'no win no fee' agreement, charging you only if you win the claim.
To learn more about
criminal injury claims, and also whether your case can qualify as a
no win no fee claim, visit claims4negligence.co.uk