Welcome to my blog. This blog is dedicated to helping anyone who is currently in the midst of a liability issue. A few years ago, my daughter contracted listeria due to poorly packaged food. She, thankfully, was okay, but we still took her case to court. I want all families who have been affected by liability issues to understand their rights, so I decided to start this blog. My beautiful daughter is now 17 and preparing to start uni next year. I have three younger children as well and an amazing husband. Thank you for reading my blog. Please share my posts if they help you!
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Are you wondering whether you should apply for crime victim compensation or wait for restitution? Are you a victim of a criminal act? Check out the differences between those two concepts. Use this information to apply for the appropriate compensation after you suffer losses because of a crime.
The Source of the Funds
Different jurisdictions enact laws that set up crime victim compensation plans. The governments of those jurisdictions fund the compensation plans. However, restitution costs are borne by the individual or entity that has been convicted in a criminal case.
How the Funds Are Disbursed
You are required to apply to the crime-victim compensation body if you were a victim of a crime. The relevant body will assess your eligibility for compensation, and you will be given the amount of compensation that is prescribed for the type of crime or extent of injury that you suffered. On the other hand, restitution is determined by the criminal court handling the case against the perpetrator of the crime for which you are a victim. The court will order the convict to pay restitution as part of the punishment for the crime committed.
The Magnitude of the Funds
Another key difference between crime victim compensation and restitution emerges when you consider how much is paid out. As already mentioned, crime victim compensation has maximum limits that are set for specific types of crimes. The statute that establishes the compensation programme of that jurisdiction defines those limits. Restitution is aimed at restoring the victim of a crime to the state in which he or she was before the crime occurred. Consequently, the sum ordered will depend on the magnitude of the harm or losses suffered by the victim.
Conditions for Receiving Payment
Crime victim compensation plans also differ from restitution in terms of the conditions attached to qualification for funds. For example, some jurisdictions impose a time limit within which a victim can apply for crime victim compensation. There may also be conditions related to how well that victim helped the authorities during the prosecution of the defendant. Thus, some victims may not receive the funds because such victims did not fulfill some of the conditions set. In contrast, restitution may only be conditioned upon a confirmation that the losses suffered can be attributed to the crime committed by the convict. Such losses will be considered once the defendant is convicted.
Both restitution and crime victim compensation programmes are aimed at helping a victim to overcome the harm that he or she suffered when a crime was committed. You need an experienced criminal lawyer to advise you on which option for criminal compensation (restitution or crime victim compensation) is appropriate in your case.
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