A victim’s lawyer: costs and funded legal assistance

Start with what you need legally

A victim advocate can help understand and exercise rights and choices in a criminal case. This may concern access to documents, contact about the procedure, compensation or preparation for a hearing. The central government describes the right to assistance and the possible free route. However, the first intake must be more concrete than just the question of whether you are entitled to a lawyer. Describe what decision or action is needed soon, what you have already received and where you are stuck. This makes both the substantive and financial assessment more targeted. (National government describes the right to assistance and the possible free route)

Distinguish between practical support, handling of complaints and representation in legal action. A counselor or family member can provide valuable support, but does not automatically have the same role as a lawyer. Conversely, not every simple administrative question needs to be handled by a lawyer. Our conclusion is that a clear division of tasks prevents you from having to submit the same story twice without knowing who monitors a deadline. Have a record of who requests file documents, who substantiates the damage and who maintains contact about an approaching hearing or other specific procedure.

Free assistance has specific conditions

The current policy rule O013 of the Legal Aid Board, amended on July 1, 2026, describes the special route for serious violent and sexual crimes and certain surviving relatives. A known suspect and eligibility for benefits under Article 3 of the Violent Crime Compensation Fund Act play a role, among other things. Let the lawyer apply the current conditions to your facts. A serious experience is understandable, but the financing decision is not based solely on that personal qualification.

An application for legal aid and an application to the Compensation Fund are different decisions. Ask what information the financing of legal aid with government subsidies requires; do not assume mandatory advance payment when the criterion is eligibility. If no suspect is yet known, O013 mentions financing with government subsidy for a limited form of legal advice for advice on reporting, criminal investigation, legal position and damage. Have that possibility checked separately. The absence of a known suspect does not mean that any form of subsidized advice is excluded. If a suspect is known later, the lawyer can request a conversion. This way, an early request for help does not have to wait until the entire criminal case is clear.

No ordinary income test is a legal exception

The Legal Aid Board explains when no capacity is assessed, including applications for victims of serious violent or sexual crimes who fall under the relevant exception. This differs from normal financing of legal aid with a government subsidy, where income and assets are assessed. The Legal Aid Act forms the legal framework. Therefore, first determine under which scheme the application will be submitted. The answer to the question of costs may be substantially different if the case does not meet the special conditions or if a separate procedure falls outside the initial application.

A useful intake question is what happens if the financing is rejected or changed. Will work then be stopped, will a new application be submitted or will an agreed private rate apply? You do not need to know all the policies yourself, but you should be able to understand what you are signing up for. Also ask how you will be notified of the Council's decision and what response period applies. The general guide to legal aid explains the usual route. Use this in addition to the victim scheme, without automatically applying the conditions for a suspect to your position.

The request for assistance also deserves investigation outside the special scheme

Policy rule Z110 contains a separate framework for joining as an injured party in other cases. The need for legal assistance, the available assistance and the complexity of the case may be important, in addition to the normal conditions. A small, easy to determine damage claim is assessed differently than a legally complicated claim. The conclusion is not that every case outside O013 has no chance, but that the application must explain exactly why the appropriate support is insufficient in this situation and legal assistance is needed. (policy rule Z110)

Concrete that need with the actual difficulty. It may be disputed whether the damage was caused by the fact, whether there is a complex loss of income or whether several people are involved. The amount of emotion or paper alone does not indicate how much legal work is required. Let the lawyer explain which problem he is going to solve and which application it falls under. If it proves impossible to finance legal aid with a government subsidy, request a transparent cost agreement before extensive work begins. Please check any existing insurance coverage separately; the policy and the event determine whether that route yields anything.

Financing legal aid with a government subsidy has a range and is not an unlimited subscription

The O013 scheme works with an umbrella for advisory activities and the first procedure that arises from the problem in question. This does not mean that all possible future disputes are covered without a new assessment. A civil follow-up procedure, appeal or a completely different problem may raise an additional financing request. Ask the lawyer to state in understandable language which route currently falls under the assignment. Avoid a costs agreement that only mentions a victim case without an explanation of the concrete activities, especially when other processes are underway in addition to the criminal proceedings.

A practical assignment description, for example, mentions file advice, preparation of the claim for damages and assistance at the criminal hearing, with an explanation of what will be assessed separately later. Also ask about possible costs for external experts, requested documents and other activities outside the normal scope. Not every additional expense is automatically reimbursed by legal aid financing with a government subsidy or compensation. The demand for costs is not a lack of trust: it makes it clear in advance who decides on additional research and what permission is required for this. This way, a substantively necessary step also remains financially understandable.

A claim for damages requires substantiation, also with a lawyer

Lawyer's Assistance does not automatically make a claim for damages admissible. The connection between the criminal offense and the requested damage must be substantiated, and the criminal court also assesses whether treatment in the criminal proceedings is possible. Therefore, collect existing invoices, proof of payment, income data and an overview of complaints and treatment. The guide to the injured party discusses this substantive route. Keep a claim, a possible payment and actual payment separate. An allocated amount does not in itself mean that each claim has been received in full and immediately.

Make it clear for each damage item what has already been established and what is still uncertain. A damaged telephone with proof of purchase requires a different substantiation than future treatment or income costs. Ask the lawyer what material is needed and what material you should not send undirected, especially in the case of medical data. A targeted substantiation protects privacy and makes the claim more understandable. Also note previously received reimbursements and current applications. This helps to coordinate the different routes fairly and prevents the same amount from being presented in contradictory ways due to unclear administration.

Fictional: injury, an impending hearing and unclear financing

In this completely fictional example, Eva has become a victim of serious violence. A suspect is known and she receives a hearing notice while treatment for her injuries is still ongoing. Eva thinks that every lawyer automatically works for free because the case is serious. During the intake, the lawyer will therefore discuss both the special financing conditions and the next legal tasks. She asks which documents are required for the application and makes it clear what damage can already be estimated and what information is still missing. The case thus has two clear tracks: support and financing.

Eva then receives a written assignment stating the current work and is informed about the application to the Council. No agreement has yet been made for a possible later labor dispute; that will be discussed separately if it arises. The fictional example does not predict an award or amount of damages. It shows why early clarity on scope is not a detached formality. Especially when someone is under pressure, an overview of tasks, data and possible costs helps to understand choices without assuming that every future consequence will be met by the same public legal aid funding.

Ask for expertise and a feasible contact structure

The Council applies specialization requirements for victim cases. Therefore, ask whether the lawyer is registered for the relevant type of case and has experience with the legal help you need. That is a more concrete question than a general appeal to a lot of experience. Accessibility also deserves attention: who responds to a new letter, how are sensitive documents sent and who covers during absences? A lawyer does not have to provide ongoing crisis care to provide good legal assistance, but the agreed contact route must be useful to you.

Discuss language, resilience and the role of a loved one in advance. A trusted person can help you remember information, but the lawyer must also safeguard your own wishes and confidentiality. Do not direct all communication through an employer or family group without consultation. When inspecting the file, ask which documents you can receive and what restrictions apply. The guide on accessing the victim file helps organize that individual question. The purpose of the intake is to ensure that you know how to obtain legal assistance and what information is actually required for this.

An intake card that brings together the request for assistance and costs

Complete the card as factually as possible and include all letters received. You do not have to have your criminal file in order yourself to ask for help. Please indicate exactly what is missing and which deadlines or hearing dates are known. The lawyer can then assess which action is urgent, which financing route seems appropriate and which additional information is required before a commitment about costs is justified.

• Position: victim or surviving relative, relationship to the case and known information about the suspect and the prosecutor's office number.
• Event: nature and date of the event, with declaration or other existing messages and without unnecessarily detailed retelling.
• Urgency: hearing date, request for documents, claim form or other concrete decision that requires assistance.
• Consequences: known damage, injuries and treatment, with a distinction between existing information and consequences yet to be estimated.
• Financing: possible special arrangement, regular financing of legal aid with government subsidy or other coverage and the documents requested by the application.
• Assignment: what work and procedure are currently being done, possible additional costs and what happens if the application is rejected.
• Contact: secure communication, possible support from a loved one and who monitors new letters and deadlines.

Continue to monitor the financing decision in addition to the substantive progress

After the intake, ask for a brief confirmation of what is currently being done and what is still awaiting information. An application for a government subsidy for legal aid and the substantive criminal case do not always proceed at the same pace. Therefore, discuss how an approaching deadline will be handled if financing has not yet been decided. A verbal expectation that everything will work out provides less clarity than a concrete agreement about the next action and possible costs. Keep received decisions and invoices together, so that you can check whether they correspond with the assignment and explanation you received earlier.

Free assistance also does not mean that all legal outcomes will be favorable. A lawyer can explain expectations, substantiate arguments and safeguard rights, but cannot promise a conviction, amount of damages or full compensation. Good victim assistance makes it clear what choice you have and where an authority decides. The cost intake is part of this: it translates a complex arrangement into an understandable decision about your help. Those who discuss the task, scope and financing in advance will be in a stronger position when the matter changes and additional support appears to be necessary.