This offence caused personal injury

Conditions of compensation

 

If you have suffered personal injury resulting in total incapacity to work for a period of less than one month, the compensation is subject to strict conditions and is capped at €4,222 (maximum amount from 1st January 2021).

You can be awarded compensation if you fulfil the following additional criteria:

  • you have annual income of less than €18,768 (2019 income), which may be increased based on dependants in your care (ancestors and descendants),
  • the offender is unknown or insolvent,
  • you cannot obtain effective or sufficient compensation for your losses from an insurance company or any other debtor,
  • as a result of the offence, you find yourself in serious financial or psychological difficulty.

The process

 

The request sent to the CIVI administration service must contain the information needed to handle the case. It must be accompanied by supporting documents that demonstrate:

  • the forenames, surname, date and place of birth, profession, nationality and address of the requesting party (include a copy of their national identity card, residency permit, passport, etc.),
  • the relationship with the victim (include a copy of the family record book, notarial deed, etc.),
  • the date, location and circumstances of the offence (include proof of filing the complaint, documents from the trial, etc.),
  • if applicable, the court in which the offender was tried (attach a copy of the judgement),
  • the nature of the injuries, the amount of time taken off work and any after-effects (attach medical certificates, proof of time off work, medical assessments),
  • public or private social security bodies of which the requesting party is a member and which may be able to act (include a copy of the social security card),
  • amicable requests put forward and legal action already taken, as well as sums already paid to the requesting party (include proof of daily payments, allowances, pensions, payments from the offender or the insurer, etc.),
  • the amount of compensation requested before the CIVI.

IMPORTANT

 

If one of the conditions is not met and if the offender has been identified and sentenced, you can contact the SARVI, the Recovery Assistance Service for Victims of Offences.

The process

 

The request sent to the CIVI administration service must contain the information needed to handle the case. It must be accompanied by supporting documents that demonstrate:

  • the forenames, surname, date and place of birth, profession, nationality and address of the requesting party (include a copy of their national identity card, residency permit, passport, etc.),
  • the relationship with the victim (include a copy of the family record book, notarial deed, etc.),
  • the date, location and circumstances of the offence (include proof of filing the complaint, documents from the trial, etc.), if applicable, the court in which the offender was tried (attach a copy of the judgement),
  • the nature of the injuries, the amount of time taken off work and any after-effects (attach medical certificates, proof of time off work, medical assessments),
  • public or private social security bodies of which the requesting party is a member and which may be able to act (include a copy of the social security card),
  • amicable requests put forward and legal action already taken, as well as sums already paid to the requesting party (include proof of daily payments, allowances, pensions, payments from the offender or the insurer, etc.),
  • the amount of compensation requested before the CIVI, limited to €4,692 (maximum amount from 17 January 2020),
  • the requesting party's income (include the tax statement for the year prior to the offence and for the year prior to submitting the request),
  • proof that it is not possible to obtain compensation elsewhere (from the offender, an insurance company, etc.),
  • proof of the serious financial or psychological situation that has occurred due to the offence.

What are the deadlines for submitting your request?

 

You have three years from the date of the offence. This is extended by one year from the date of the last court decision. If the offender is ordered to pay damages, this period runs from the time the criminal court gives notice to the victim. The victim or their beneficiaries may make an application to be granted an exemption to the statute of limitations on legitimate grounds. If the offender is ordered to pay damages, this period runs from the time that notice is issued by the court.

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