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Are Victims of Spanish Crimes Entitled to Compensation?
If you are the victim of a crime when abroad, it can be an emotionally taxing experience. To be the victim of a crime in your home country is upsetting, but being in an unfamiliar environment with the challenge of understanding foreign law added to the equation can make matters even worse. Some crimes can entitle the victim to compensation, but understanding the process of claiming can be difficult. With the help of an international lawyer, you can find the path to compensation with ease.
In our complete guide, we explore the routes to compensation if you’re a victim of a crime, the types of crimes that award compensation and Criminal Injuries Compensation Authority (CICA)’s role in compensation for victims of crimes. We will also discuss how much compensation you may be able to obtain, how long a compensation claim could take, and how our lawyers at Giambrone and Partners could help.
Click on the links below to jump to that section:
Discover whether or not you could get compensation for being a victim of a crime in Spain
Not all crimes in Spain reward compensation to victims
Find out how the Criminal Injuries Compensation Authority assists in foreign cases
Find out the compensation rates for certain crimes
Discover the timescales you need to be aware of
Find out how we can help
Can I Get Compensation for Being a Victim of a Crime in Spain?
It is possible to receive compensation for damages if you are the victim of a crime in Spain. This process is known as civil liability. If you are the victim of a violent crime, Spain has compensation schemes in place with the UK if any residents are victims whilst abroad. You must contact the British embassy, high commission or consulate to claim compensation.
Victims may be compensated for a range of things, including damage to property, personal injury, and losses from theft, lack of employment and travel expenses. If you are the victim of a crime in Spain and are seeking compensation, you must contact the relevant authorities in Spain and may have to attend court. Seeking help from a qualified Spanish lawyer (abogado) can help you navigate the complexities of Spanish law, and translate documents and letters to break down communication barriers.
Get in touch with our qualified Spanish criminal lawyers today.
What Types of Crimes Award Compensation in Spain?
You can seek compensation for a number of crimes in Spain, including violent offences, sexual offences, terrorism, personal injury and theft. Special compensation schemes are in place for the former three offences. To claim compensation if you are the victim of these crimes, you should specify the damages caused, the amount of damages, and any invoices and quotations that can support their claim, which a court will analyse.
Damage and injuries eligible for compensation include:
Bodily injuries, physical and mental, and any surgery costs
Material damage caused to property, such as homes, personal possessions and offices
Cost of temporary accommodation or travel expenses if you are not from the area
Damage to vehicles
If someone has died as a result of a crime in Spain, the spouse, child or parents of the victim could be entitled to compensation.
Victims of violent crimes against sexual freedom have the right to receive information about the state compensation to which they are entitled if the aggressor does not pay compensation, or the amount is insufficient.
Spain has a legal aid system known as “asistencia jurídica gratuita” that can help people who don’t have enough money pay for legal proceedings. However, you must be either from an EU member state, habitually resident in Spain, or be a national from another country that grants similar aid to Spanish people.
If you are in need of legal assistance, get in contact with us today for a free consultation.
What is the Criminal Injuries Compensation Authority in Spain?
The Criminal Injuries Compensation Authority (CICA) is an organisation responsible for from criminal compensation claims in Great Britain, but it has certain clauses which apply to other countries such as Spain.
You can contact them here, or instruct a qualified lawyer.
How Much Compensation May I be Awarded?
The amount of compensation you may receive you are a victim of a crime depends on various factors, including the type of injury, incident, and its impact on your life. For temporary injuries, the Baremo rules provide compensation for the different levels on injury, ranging from basic to very severe. The Baremo rules also provide a lump sum for ongoing treatment or care required for permanent injuries.
A points system is used for cosmetic damage. If someone dies in a terrorism offence, the compensation is around €250,000, and 20 monthly payments for each child or minor who was financially dependent on the victim at the time of their death. A judge may also consider the victim’s pain and incapacity. They may also consider loss of income, travel expenses, or paid care and assistance.
How Long Does It Take to Claim Compensation in Spain?
Claiming compensation can be a time-consuming process, especially if you do not have legal representation. Compensation claims are time limited and in Spain you have one year from the date of the crime in violent and sexual offences to make a claim, and one year from the date harm was caused in terrorism offences.
For injuries that have left you partially or fully disabled or attacks that have resulted death, it can take approximately six months for a decision to grant or reject compensation. For temporary incapacity, it can take four months to provide compensation and medical expenses or funeral costs can be approximately two months.
To understand time limitations further, get in touch with Giambrone and Partners’ Spanish criminal lawyer today.
Claiming Compensation for a Crime with Giambrone and Partners
At Giambrone and Partners, our abogados (lawyers) have years of experience behind them, they also have multijurisdictional and multilingual capacity to help you communicate with other parties better and understand written correspondence. Our lawyers can accompany you throughout the process of claiming for compensation, and will contact all relevant authorities on your behalf.
To find out more, please get in touch with our Spanish lawyers today.