Criminal Injuries Compensation Scheme: victims can now claim for pain and suffering
As of the 27th of July 2026, victims of violent crime can now apply to the Criminal Injuries Compensation Scheme for compensation for pain and suffering for the first time in almost 40 years.
Previously, the Scheme generally only compensated victims for financial losses, such as medical expenses, travel costs and loss of earnings. The revised Scheme now recognises the wider impact of violent crime, which includes physical pain, psychological trauma and emotional distress.
Who Can Apply?
The Scheme is available to:
Victims of crimes of violence in Ireland;
Individuals injured while preventing a crime or assisting another person; and
Certain dependants of victims who have died as a result of a violent crime.
Compensation is paid by the State, not the offender. A criminal conviction is not required.
What Can Be Claimed?
In addition to financial losses, victims may now be able to receive compensation for:
Physical pain and ongoing injuries;
Psychological injuries such as PTSD, anxiety and depression; and
Emotional distress and loss of enjoyment of life.
Important Points
The incident must be reported to An Garda Síochána.
Applications should be made within three months of the incident.
Awards for pain and suffering will be assessed under Ministerial Guidelines, which are expected to be published later in 2026.
Existing and undecided claims may benefit from transitional arrangements.
Why This Matters
The change follows a Court of Justice of the European Union decision which found that victims of violent crime should not be excluded from receiving compensation for pain and suffering. The revised Scheme is a significant step forward in recognising the full impact that violent crime can have on victims' lives.
Those affected by violent crime should seek advice as soon as possible, as strict time limits apply.
About the Author: Sinéad Leahy is a Solicitor with Dermot G. O'Donovan Solicitors and is contactable at info@dgod.ie
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