Can you claim compensation if a loved one has been killed due to someone else’s violence?
Price Slater Gawne have acted on a number of cases including those where the deceased has been murdered or killed on a night out; at a public event – such as a festival, football match, concert, sporting event; at work for example the emergency services, prison officers, door men, teachers; or in their own home by burglars or due to domestic violence.
There is a time limit of 2 years so do not delay. In order to make a claim, you need to satisfy the following:
- The violence must have been reported to the police,
- If the deceased did not die immediately they must have cooperated with the police,
- The victim must not have a criminal history with unspent convictions,
- They have to have been seriously injured or died as a result of their injuries.
There are three routes to compensation. These are:
- A claim made on behalf of the deceased for his/her injuries, funeral expenses etc.
- A claim on behalf of the deceased’s family and /or dependants ie for loss of financial or service dependency and for the loss of their loved one.
- A claim on behalf of the deceased’s family or loved ones if they have suffered a psychiatric injury as a result of witnessing the violence which resulted in the death of the victim and being involved in the immediate aftermath.
Claims by the Deceased’s estate
Where the victim died as a result of the injury and the estate paid for the funeral no compensation other than funeral expenses will be paid to the deceased’s estate. Awards for loss of earnings and special expenses will be made to the dependants – not to the deceased’s estate.
Claims by Dependants
The general rule is that if a person dies as a direct result of his/her injuries the dependants can claim a standard compensation award for bereavement, loss of dependency on the deceased’s earnings and services and they can claim for special expenses.
Where someone witnesses the death of someone who they have close ties of love and affection with, they can claim for the emotional and psychological effects of witnessing the event. They need to satisfy the following before making a claim:
- They must have had a medical condition that has been diagnosed by a psychologist or psychiatrist,
- The illness must have been caused by what they heard or saw,
- They must have been present at the event itself or its immediate aftermath and
- They must have had close ties or love and affection with the deceased.
Medical evidence will need to be submitted to the Criminal Injuries Compensation Authority (CICA) to prove the existence of the psychiatric illness.
If you want to talk through a potential claim DO NOT hesitate to ring us. Speak to us and we will help you with the next steps.