Legal and compensation options – Original

rechter-vrouwe-justitia_croppedWe have had a few people ask if we are pursuing other legal or compensation options and I wanted to give an update.

For legal options, we think that it will be impossible to get anywhere in civil court without any type of a conviction. In Dutch civil cases, although the losing party must pay the legal costs, it is fixed by the court and almost always much lower than the actual legal costs. In other words, it is assuming the caregiver has money, which we do not think they do other than the money that they stole, and any money won would go to the lawyer for legal costs. In the Netherlands there is also no option for contingency fee “No cure, no pay” arrangements.

For us this is not really about recovering the money that was stolen. Our biggest complaint is that the police and prosecution service seem to have completely ignored the medication overdose (poisoning), which we view at minimum as gross negligence causing serious bodily harm and possibly serious bodily harm committed with premeditated intention to steal the money. We do not understand why they are not handling it more seriously, when even the police reported listed it as “General theft with violence using a chemical / medical agent / poison”.

We have also looked into compensation funds available, and that has only added more insult to injury. The Violent Offences Compensation Fund (Schadefonds Geweldsmisdrijven) provides financial support to victims of violent crimes. In order to be eligible for compensation, the victim must satisfy a number of conditions. We have been told that because the violence was not committed with a gun or a knife there is no possibility for compensation. Needless to say, we find it ridiculous to believe that there are no violent crimes committed by other means than a knife or gun! See Have you been a victim of violence? The Violent Offences Compensation Fund can help.

Here are some recent articles about Crime Victims’ Experiences with Seeking Compensation and Restorative Justice in the Netherlands.