Being subjected to unjustified criminal prosecution can be a heavy burden – both psychologically, socially and financially. Fortunately, there are rules in Norwegian law that give you the opportunity to seek compensation if you have been subjected to unjustified criminal prosecution. Here you will get an overview of who can claim compensation, what you can get covered, and how to proceed.
Wrongful prosecution means that someone has been the subject of an investigation, arrest, detention, indictment or trial – without ultimately being convicted, or if the person concerned is later acquitted. It can also be a case that is dropped after the person concerned has been subjected to significant interference.
The purpose of the compensation scheme is to provide compensation for the injustice and burdens that have been incurred as a result of a process that turns out to have been unjustified.
You may be entitled to compensation if you have been:
Compensation can be granted regardless of whether someone has acted negligently or made a mistake – it is sufficient that you have been subjected to an intervention by the legal system without there being any basis for this.
The compensation can cover both financial and non-financial losses. The most common are:
The amount of compensation is assessed specifically in each individual case, and the amounts may vary depending on how serious the intervention has been.
The state is responsible for paying compensation in the event of wrongful criminal prosecution. Applications for compensation are submitted to the Norwegian Civil Rights Administration (SRF), which assesses the claim in accordance with the rules of the Criminal Procedure Act, Chapter 31.
The application should contain:
It is recommended that you contact a defense attorney with experience in tort law for assistance in the process. In most cases, you can have your attorney's fees covered through the legal aid scheme.
An application for compensation should be submitted as soon as possible after the case has been concluded. You usually have 3 years from the time you learned that the criminal case was dismissed or you were acquitted. It can be unfortunate to wait too long – both because the evidence is weakened, and because a long wait can affect the outcome.
If you have been subjected to wrongful criminal prosecution, you have good opportunities under Norwegian law to claim compensation from the state. The scheme is there to restore a certain amount of justice and provide compensation for the burden you have been through.
Would you like help evaluating your case? Contact one of our experienced lawyers for a free assessment – it may be a good place to start.
If you have suffered injury or financial loss as a result of the actions of others, you may be entitled to compensation. This guide provides an overview of what a compensation claim is, what conditions must be met, and how to proceed to claim compensation.
A damages claim is a claim for financial compensation for damage or loss caused by another party. The goal is to restore you to the financial situation you were in before the damage occurred.
To be entitled to compensation, three basic conditions must be met:
Compensation is divided into several categories:
A claim for damages must normally be made within three years of the date you became aware of the damage and the person responsible. Waiting too long may cause the claim to become time-barred, so act quickly. A claim can also be lost as a result of inaction.
If you have a low income or limited resources, you may be entitled to free legal aid from the state. This applies, among other things, to personal injuries and compensation for victims of violence, and covers legal assistance in whole or in part. Contact a lawyer or the county governor for an assessment.
In addition, many insurance policies, such as home and car insurance, include legal aid coverage. This means that legal fees in disputes may be covered, for a deductible. Check the terms of your insurance contract or ask the insurance company directly.
The rules for damages claims and statutes of limitations can be complicated, especially when it is unclear when the statute of limitations begins to run, or if it has been interrupted. If you are unsure whether your claim is still valid, it may be wise to get a legal opinion.
At Insa advokater you will receive assistance from an experienced tort lawyer who has in-depth knowledge of the law and what is required to safeguard your rights. An early assessment can be crucial to the outcome of your case.
When you have a claim for compensation – whether following a personal injury, breach of contract or financial loss – it is important to act within certain time limits. If you wait too long, your claim may be time-barred and you will lose the right to have it fulfilled.
Statute of limitations means that a claim can no longer be asserted if it is not reported within certain deadlines. For compensation claims, this applies to both:
A claim may be time-barred either because too much time has passed from the time the claim could have been met until you actually demand payment, or because you cannot invoke any additional deadlines.
Statutes of limitations serve an important function in the legal system. They are designed to:
In short: the older a claim is, the more difficult it is to prove what actually happened. That's why there are absolute deadlines.
The general limitation period is 3 years . This follows from Section 2 of the Limitation Act. When the period begins to run depends on the type of claim in question.
In the event of a breach of contract, the limitation period runs from the time the breach occurred – normally upon takeover or delivery , not from when you discover the fault.
Example: You have plumbing work done in 2018, but discover in February 2023 that a mistake has been made. The limitation period still ran from 2018, and when the mistake was discovered, more than three years have passed and the limitation period has therefore expired. If you could not have discovered this earlier, you have the opportunity to get an additional period of one year – until February 2024 – to file a claim, even though more than three years have passed since the work was performed.
If you claim compensation from a party with whom you are not in a contractual relationship, the time limit runs from the date you received or should have received the necessary knowledge of both the damage and the person responsible.
Example: You injure yourself after falling on ice outside a store in 2022, but the doctor only proves permanent damage in 2024. The statute of limitations starts in 2024.
Prescription can be interrupted in the following two main ways:
When the statute of limitations is interrupted, the original statute of limitations is interrupted and reset . This means that a new statute of limitations – usually three years – begins from the time the interruption occurred.
The statute of limitations can be challenging to navigate, especially when there is uncertainty about when the statute of limitations starts or whether it has been interrupted. If you are in doubt about whether your claim can still be enforced, it may be a good idea to get a legal opinion.
At Insa lawyers, you will receive assistance from an experienced lawyer in tort law who knows the regulations and what is needed to secure your rights.
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