FATAL CLAIM TO THE CRIMINAL INJURIES COMPENSATION TRIBUNAL*
Following a fatality or homicide (including murder and manslaughter), the dependants of the victim may be entitled to claim compensation. This is handled by the Criminal Injuries Compensation Tribunal (CICT). The Department of Justice and Equality in the Republic of Ireland operate the scheme.
The incident in which in the fatality occurred must be reported to the Gardai without delay.
There is normally a three month time limit within which to submit an application to the CICT for compensation. However there is no time limit for fatal applications.
In order to qualify for compensation under the Scheme of Compensation for Personal Injuries criminally inflicted, the fatal injuries suffered by the victim must
(a) Be the result of an incident within the Irish State or aboard an Irish ship or aircraft
(b) Be directly attributable to a crime of violence, or
(c) Be directly attributable to an incident in which the victim was assisting in the prevention of a crime or the saving of a human life
The first step that we at Cantillons Solicitors take is to get instructions to enable us complete and lodge the Fatal Application Form with CICT. This should be done as early as possible following a fatality as it may take a considerable amount of time before any claim is completed. You may be compensated for funeral expenses, burial or cremation costs as well as loss of potential earnings for dependants of the victim. You can also claim for the cost of replacement services that the deceased may have provided to the next of kin. We at Cantillons Solicitors seek to establish the financial losses suffered by the dependants of the deceased. Compensation may be reduced by the value of any entitlement to Social Welfare benefits accruing as a result of the death.
If required, we instruct an Actuary to assist in the calculation of the future financial losses.
If the dependants of the deceased have suffered mental distress as a result of the fatality, the Tribunal may also award a sum of money under the Scheme in respect of same.
In all cases, the Gardai will be asked to investigate and report to the CICT. It is not necessary for the assailant to be identified or arrested or convicted in a criminal court in order to succeed in a claim for compensation to the CICT.
Applications to the CICT are processed in the first instance by the Tribunal’s staff. The Staff of the Tribunal are responsible for enquiring into the circumstances surrounding the incident and ensuring that all documentation is furnished. When we at Cantillons Solicitors have lodged all the relevant supporting documents, the application is submitted for a decision to a Tribunal member. We will advise as to whether or not the award is sufficient. If the applicant is satisfied with the decision of the Tribunal member, he/she signs a form of acceptance and payment of the award follows in due course. If an applicant is not satisfied with the decision of the single member, we can lodge an appeal against that decision. Appeals before the Tribunal are dealt with by way of an oral hearing before three Tribunal members, excluding the Tribunal member who made the initial decision.
At present, there are considerable delays in the processing of applications and indeed long delays before payment of the Award.
Contact us at Cantillons Solicitors at +353 (0)21 -4275673 or [email protected] if you would like more information.
* In contentious business, a solicitor may not calculate fees or other charges as a percentage of any award or settlement.