Criminal Injuries Compensation: Recognition of Pain and Suffering

Introduction

On the 27th of July 2026, the Irish Government amended the Criminal Injuries Compensation Scheme to allow victims of violent crime to claim compensation for the pain and suffering that they experienced as a result of the crime.

Prior to this amendment, victims could only recover financial losses, such as medical expenses, travel expenses and loss of earnings. Compensation for the physical and emotional impact of the injury itself was excluded.  This reform marks an important step forward for victims, ensuring that compensation more accurately reflects the full extent of their suffering.

What is the Criminal Injuries Tribunal?

The Criminal Injuries Tribunal is an independent body responsible for administering Ireland’s Criminal Injuries Compensation Scheme. The Tribunal’s role is to assess applications from victims of violent crime and determine whether compensation should be awarded for injuries and losses arising from criminal conduct. The Tribunal assesses claims from:

• Victims injured as a result of a violent crime

• Dependants of victims who have died as a result of a criminal act and

• Individuals who sustained injuries while trying to stop a crime from happening, help prevent a crime or saving someone’s life.

The Tribunal requires the following in order for an application to be considered under the Scheme:

• The incident must have been reported to An Garda Síochána without delay.

• The applicant / victim must cooperate and continue to cooperate as much as possible with An Garda Síochána and the Tribunal during the investigation.

• Applications must be made in writing as soon as possible, within 3 months of the incident that caused the injury. Only in exceptional circumstances will the Tribunal consider late applications up to a maximum of 2 years following the incident.

The Scheme does not provide compensation where the value of the claim is less than €500.

Why does the Reform Matter?

Victims of crime often suffer consequences that extend far beyond medical expenses or financial losses. Under the previous scheme, a victim with serious injuries but limited financial losses could receive very limited compensation. This reform marks a shift towards a more victim-centred compensation system, recognising the real impact these crimes can have on the victim’s life.

The amendment acknowledges that victims may suffer psychological injuries, including anxiety, depression and post-traumatic stress disorder. This is particularly significant for victims of serious crime who may experience profound emotional and psychological harm with long-lasting effects. The amendment is also important to victims with limited earnings, as there is now more focus directly on the harm suffered rather than the victim’s financial circumstances.

How will Compensation be Calculated?

Under the amended Criminal Injuries Compensation Scheme, compensation will be assessed by reference to both financial losses and pain and suffering. In determining an appropriate award, the Tribunal is expected to consider the nature and severity of the injury, it’s impact on victim’s psychical and psychological wellbeing, and the extent to which it affects their daily life.

Awards for pain and suffering are likely to be guided by the Personal Injuries Guidelines, ensuring that compensation more accurately reflects the full impact of violent crime on victims.

Conclusion

The recognition of pain and suffering under the Criminal Injuries Compensation Scheme is a welcome and long-overdue reform. By acknowledging the physical and psychological impact of crime, the Scheme offers a more meaningful and victim-focused form of compensation, ensuring that this reflects not only financial loss but also the human cost of criminal wrongdoing

The Minister for Justice, Home Affairs and Migration Mr Jim O’Callaghan will be providing guidelines on the amount of compensation which may be available to victims. We will provide further information on what these guidelines mean for victims once they are published.

Further Information

For expert legal advice in relation to injuries sustained as a result of a violent crime, please contact Avril Scally or Grace Molloy in our award-winning Personal Injury & Medical Negligence Team.