As a crime victim, you are entitled to compensation for both property and intangible damages. This article explains how to seek compensation, what damages are eligible for compensation, and what to expect during the process.
Claim of injured party
To obtain compensation, you must file a claim as an injured party with the court. This means that you are officially recognized as a victim in the criminal case. You must properly substantiate the damages with supporting documents, such as invoices for medical expenses or property damage. It is wise to consult an attorney who specializes in victim cases to prepare and file your claim. The attorneys at Kötter, L'Homme & Plasman Advocaten have extensive experience in this area in (complex) criminal cases.
Types of compensation
There are two main types of damages eligible for compensation: property damage and intangible damage.
Material damage
Property damage is damage that can be expressed in monetary terms. This includes, for example:
- Damage to properties: Costs to repair or replace damaged property such as cars, bicycles or clothing.
- Loss of income: Loss of work ability, for example, if you cannot work because of the crime.
- Medical expenses: Costs for hospital visits, treatments and travel expenses for medical appointments.
- Domestic help: Cost of household help if you are temporarily unable to do it yourself due to the damage.
These damages must be supported by supporting documents, such as bills and invoices. Our attorneys can help you gather these documents and strengthen your claim.
Intangible damage
Intangible damages, also known as grievances, refer to damages caused by trauma or injury. This is often more difficult to quantify but includes:
- Pain and suffering: Compensation for the emotional and physical pain you experienced.
- Diminished enjoyment of life: Loss of quality of life due to the effects of the crime.
To claim intangible damages, in many cases you need an expert report that shows the relationship between your trauma or injury and the crime. This report is prepared by psychologists, psychiatrists or doctors. Our victim attorneys work closely with these experts to properly substantiate your claim.
Compensation for survivors
Relatives of victims may also receive compensation, such as:
- Affection damage (compensation for damages): Since Jan. 1, 2019, survivors have been able to claim damages for loss of affection, depending on the circumstances of the case.
- Shock damage: This refers to mental injury resulting from a shocking event, such as serious injury or the death of a loved one. You only qualify for shock damages if there is a recognized psychiatric illness.
Want to read more about:
- the cost of a victim advocate
- rights of victims in criminal proceedings
- what damages you can be compensated for
Compensation and advances
It can sometimes take a long time to receive compensation. To support you, you can apply for an advance payment from the Schadefonds Geweldsmisdrijven (SGM). This fund offers advances based on injury categories, with fixed amounts for different types of damages. The amount of the advance depends on your circumstances and the severity of the crime.
Damages measure
If the judge awards you damages, you can ask the court to impose the compensation measure. The CJIB collects the compensation and pays it directly to you.
Statutory interest
Damages are due and payable from the time the damage occurred. You are entitled to statutory interest on the amount from that time, until the time of payment by the defendant. Our lawyers can claim this interest for you.
By working with a specialized attorney, you can ensure that you receive fair compensation and that the process goes smoothly. Contact our office for further support and advice.
Victim compensation lawyer needed?
At Kötter, L'Homme & Plasman Lawyers, we are dedicated to providing expert and empathetic support to victims and survivors of crime. Our attorneys are here to help you through the legal process and to ensure that your voice is heard and your interests are represented.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
Want to read more about:
