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I need to find help for my mother who has been a victim of…

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I need to find help...
I need to find help for my mother who has been a victim of crime, he plead guilty within 24 hrs of being arrested he was charged with aggravated assault and theft of her truck. She is 68 yr female. Victim Assistance Services is however our debt load from the past 9 months is huge with everything from prescriptions and things that were needed when she could not care for herself, Her eye site has been affected as well as mobility and mental health. They have ignored many requests by the doctors and specialists she has been seeing VS claim her injuries sustained are just facial. She was thrown to the ground and kicked in the head and face we are having major problems with these people who claim Help Start Here. My mother lives in poverty she was at an orchard working when this happened to cover money lost in the OAS cutbacks in 09. Is there anywhere I can find help.
Submitted: 8 years ago.Category: Canada Law
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Answered in 22 minutes by:
6/28/2010
Lawyer: D.A.M., Lawyer replied 8 years ago
D.A.M.
D.A.M., Lawyer
Category: Canada Law
Satisfied Customers: 2,755
Experience: Cross-Border (US/Canada) Lawyer
Verified
Hello,

I'm sorry for your mother's situation.

  • What Province was this in?
  • How long ago was she assaulted?
  • Was her assaulter convicted? If so what was the nature of the conviction? Was he/she incarcerated?
  • Did your mother pursue this individual civilly for her costs?
Regards.

Edited by D.A.Mesinschi, Esq. on 6/28/2010 at 9:51 AM EST
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Customer reply replied 8 years ago
need to find help for my mother who has been a victim of crime, he plead guilty within 24 hrs of being arrested he was charged with aggravated assault and theft of her truck she is a now 68 yr female. Victim Assistance Services is now finally getting around to help her however our debt load from the past 9 months is huge with everything from prescriptions and things that were needed when she could not care for herself, Her eye site has been affected as well as mobility and mental health. They have ignored many requests by the doctors and specialists she has been seeing VS claim her injuries sustained are just facial. She was thrown to the ground and kicked in the head and face we are having major problems with these people who claim Help Start Here. My mother lives in poverty she was at an orchard working when this happened to cover money lost in the OAS cutbacks in 09. Is there anywhere I can find help.

This happened in Winfield British Columbia
September 12 ,2009
yes convicted within 3 days we did not even have a chance to do a victim impact statement she was still in waiting for surgery in Kelowna General.
he plead guilty and is incarcerated for 3.5 yrs
he was a vagrant as we are lead to believe he has no money
pls see above i put in a little more detail and clarity
Lawyer: D.A.M., Lawyer replied 8 years ago
Hello,

Unfortunately this really isn't a simple fix. It will take a fair bit of advocacy on your mother's behalf to ensure she is receiving the benefits she is entitled to.

To begin with, I assume you're familiar with your Mother's rights with respect to B.C.'s Crime Victim Assistance Program (see the following for a summary of benefits one MAY qualify for | >>> http://www.pssg.gov.bc.ca/victim_services/publications/cva-victims.pdf and |>>> http://www.pssg.gov.bc.ca/victim_services/publications/helpstartshere/07-007-cvap.pdf)

If the issue is payments for medical care and counselling, these should have been covered and if your mother was required to pay for these items (but was unable to do so) then she could be able to claim against CVAP for reimbursement.

CVAP, was not, however, designed to be a fund to compensate victims for their losses only to help pay for needed medical care and counseling. It, therefore, does NOT provide victim compensation for pain/suffering or actual losses (property, employment, etc.) and those claims must be against the perpetrator directly (whether by civil claim or through restitution claims in the criminal proceeding).

While there is some income support (in the form of reduced income assistance) this does not necessarily continue indefinitely as it was meant to be a bridge to help victims get back on their feet.

If CVAP are refusing to properly classify your mother's injuries based on an eligible claim (and doctor-supported diagnosis) then your mother will need an advocate to keep on them to pay for those benefits she is entitled for. Unfortunately the nature of the program leaves it open to individual failings of the staff who administer it and a fair bit of "red-tape" intended to prevent fraud and false claims (but often entangles legitimate claims as well).

An advocate for most purposes may not necessarily mean a lawyer in this instance. A family member who is aware of the rights your mother has can be reasonably effective in getting requests for assistance through the process. Additionally, there are a few Victim organizations that would have folks who know how to work with the bureaucracy to make sure legitimate claims are not denied or needlessly delayed. While these groups may not provide direct financial assistance their advice could prove quite useful.

To start, the B.C. government offer VictimLink which is a good place to start for connecting with such organizations:|>>> http://www.pssg.gov.bc.ca/victim_services/

Police Victims Services can also be a great asset: |>>> http://www.policevictimservices.bc.ca/ (and the service location finder |>>> http://www.policevictimservices.bc.ca/findservices.php)


If you ultimately end up hitting a roadblock with respect to having OAS and CVAP pay for eligible services your last resort may be a lawyer. You are correct that Legal Aid really isn't appropriate for this but there are a couple of options.
  • First there may be programs funded by some of the non-profit organizations which VictimLink or Police Victim Services affiliate with that can provide legal assistance.
  • Secondly Law Schools often have Legal Clinics which provide pro-bono assistance in such matters.
  • Finally there is JusticeNet.ca. It was founded a few years ago as an organization intended to bridge the gap between full-legal fees and legal aid. The Lawyers on the service have agreed to take reduced rates (often reduced by as much as 2/3rd of their regular fees).
Regards XXXXX XXXXX wishes,
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Customer reply replied 8 years ago
Thank-you you have just clarified that what I have been doing the last 9 months is correct, I have been claiming the Act when they say we can't because the act is the law they are susposed to follow by using the General Regulation, I find they don't and they will outright lie to you on the phone when you are just a number to them. They have not followed doctors orders and forced her to travel within a 48 hr period after surgery (removal of her hardware for the wireing of her jaw) then when she hemoraged VS claimed it was her own fault for traveling when they were the ones who would not change her ticket on greyhound to get home from Kelowna. She lives in Midway BC. I need to find an advicate, I will try the leads you have mapped out wish me luck. I am a single mom with a toddler I find my complete situation is just beyond me. Thank-you for the details.

Lawyer: D.A.M., Lawyer replied 8 years ago
You're very welcome and best of luck sorting this out for your mother!

Regards,
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