CRIMINAL INJURIES COMPENSATION TRIBUNAL
Dear Claudine,
I am the owner of a small shop in the City Centre and recently when I was working late two men came into the shop and demanded money from me. During this encounter, I received a large cut to my neck and was hospitalised for this injury. My wife immediately informed the Gardai of the incident. I have recently received a bill from the Hospital for over €3,000 for the treatment which I received. I do not have Health Insurance to pay this bill. I am wondering what rights I have to claim compensation against these two men who assaulted me.
Many thanks
Ziad
Dear Ziad,
I am so sorry to hear that you have been the victim of such a violent assault and I can only hope that in time you will make a full recovery from your injuries. Generally, a person who suffers injuries as a result of a car accident or accident at work may take a claim for personal injuries against the person whom they believe is responsible for causing those injuries. The claim is submitted to the Injuries Board usually within 2 years of the date the accident occurred. As the people responsible for your injuries may be of limited means, it may be impossible to recover compensation from them. However, there are two other options available to you. Firstly, you may issue a claim through the Criminal Injuries Compensation Tribunal, which allows you to recover compensation from the State for medical treatment and other related expenses but not personal injuries when you have been the victim of a violent crime. It is important to advise you that your claim through the Criminal Injuries Compensation Tribunal must be registered with the Tribunal within three months of the date of the incident, otherwise your claim may be barred unless you can show good reason for your delay in notifying them of your claim. The second option available to you is subject to the Gardai perusing a criminal prosecution against your assailants. If a prosecution is pending you may direct the investigating Garda that you wish for a Compensation Order to be included in any sentencing against the parties who assaulted you under Section 6. of the Criminal Injuries Justice Act, 1993. This will mean that in addition to any sentence being handed down by the Court, the Judge can direct that the parties who assaulted you pay compensation to you for your personal injuries.
I hope you find this information helpful and I can only hope that given time you will fully recover from your injuries.
With Every Good Wish.
Claudine