Facts
The appellant, [X.] , was involved as a passenger in a car driven by her husband in an accident caused by a third party on 4 March 2000. The accident resulted in a diagnosed HWS distortion. The SUVA terminated insurance benefits by decision of 4 June 2002. The cantonal legal remedies lodged against this decision were dismissed. The appellant filed an application for an advance payment pursuant to Art. 15 of the Federal Act on Assistance to Victims of Crime (Victims' Assistance Act, VSA) with the Cantonal Social Services on 30 November 2005. The application for an advance payment concerned claimed entitlements to compensation for medical and living expenses as well as satisfaction.
The Cantonal Social Services dismissed the application by decision of 24 January 2006, insofar as it was entertained. The appellant lodged an appeal with the Administrative Court of the Canton of Aargau, which dismissed the appeal by judgment of 10 May 2006. The appellant then lodged an administrative court appeal with the Federal Court.
Considerations
The Federal Court examined the admissibility of the administrative court appeal and came to the conclusion that the appeal was admissible. It then addressed the question of whether the appellant had timely asserted her victim-related claims. The Administrative Court had established that the appellant had asserted her claims only on 25 October 2005, although she had already been represented by her current lawyer in victim-related matters since November 2004.
The Federal Court confirmed the opinion of the Administrative Court that the appellant had not asserted her victim-related claims in a timely manner. It stated that the appellant had to attribute the legal knowledge of her lawyer regarding her VSA claims and, in particular, the limitation period pursuant to Art. 16 para. 3 VSA from November 2004. The…