Crime Victim Compensation

Crime Victims' Compensation Programs provide monetary assistance to victims of violent crimes. These programs, administered by various agencies and offices in each state, may pay victims of state, tribal or federal crimes for certain expenses incurred as a direct result of personal injury or death.

Expenses must be reasonable in amount and may include:

- medical expenses;
- mental health counseling expenses;
- mileage;
- funeral and burial expenses;
- loss of earnings or support;
- dental and prosthetic devices;
- eyeglasses or corrective lenses;
- crime scene cleanup expenses;
- replacement costs for personal property used as evidence
- and other similar expenses.

Compensation cannot be paid for other property losses, attorney's fees or pain and suffering - these must be recovered by bringing a case in civil court. In addition, these programs are a last resort for payment. In most cases, payments can only be made if there is no other source of payment including private health insurance for the victim, other public programs, etc. However, there are no income requirements.

Compensation may be paid for expenses for the primary victim as well as limited compensation for certain secondary victims including family members of a homicide victim, the spouse of a rape victim, and parents of a child who has been physically or sexually abused.

Not all victims qualify for assistance. Each program has specific rules to determine if the victim is eligible for assistance after the victim or claimant has filed an application and the information verified. Many programs have nline applications or forms you can download (see left menu).

Generally, you are probably elligible if you or a family member has suffered personal injury as a result of:

- a violent crime
- trying to stop a person committing a crime
- trying to help a law enforcement officer
- trying to help a victim of a crime or witnessing a violent crime

Awards of compensation may be made from your state's Crime Victim Compensation Fund. Compensation is approved by the program and funded through a court surcharge on criminal offenders. Compensation is available only to the extent that funds are generated from the surcharge. No compensation can be awarded when money is not available, and compensation is only available for persons who meet the eligibility requirements.

- An innocent victim of a violent crime who has suffered harm.
- A family member of a deceased victim.
- A person authorized to act on behalf of a victim or a dependent.
- Parents or other family members under limited circumstances.

The crime must be reported to law enforcement within the time frame specified by your state or when a report could reasonably have been made.

For most crimes, the claim for compensation must be filed within one year of the crime unless good cause is shown for the delay in filing. (There ARE special exceptions.)

The victim and claimant must reasonably cooperate in the investigation and prosecution of the incident.

Compensation cannot be paid to a claimant if it would unjustly benefit the offender or an accomplice.

The victim cannot contribute to the crime or the injury nor have committed a crime at the time of the incident. Claims may be reduced or denied based upon contribution/conduct.

Compensation may be available for expenses incurred as a direct result of the criminal acts of another person if not covered by another source. Examples of expenses covered under the law are: medical care, rehabilitation, funeral expenses, loss of income, counseling, dental expenses, child care costs and mileage. No attorney is needed and compensation cannot be paid for attorneys fees.

In most states, emergency awards of up to $1,000 may be made under extraordinary circumstances. An award may be made for immediate verifiable needs as a result of loss of income or support, emergency medical expenses or funeral expenses. Any emergency award will be deducted from the final award and must be deducted from expenses already incurred.

Upon receipt of the application, law enforcement, physicians, service providers, etc. are contacted to verify all information. The responsible agency reviews the claim and decides whether the claim is eligible and the amount to be paid. Each state has an appeals process.

You must file a Crime Victims Compensation Application form. Forms are available from all local law enforcement agencies, Office of the Attorney General, some state departments of Social Services or Health and Human Services or you can print forms from many states - just check the menu column to the left.

Programs usually will not pay compensation directly to the victim if she/he is living with the offender, but can pay others on the victim's behalf.

The crime must have been reported within guidelines when a report could reasonably have been made. Examples of circumstances justifying delayed reporting include delayed disclosure by a juvenile victim, and safety concerns. However, the program must be informed of the reason for the delay in reporting.

Victim cooperation must be reasonable under the circumstances. Therefore, depending on the circumstances, the program may find that the refusal/failure to cooperate was reasonable. Examples of situations where a refusal to cooperate may be reasonable include threats by the offender or others, lack of support from family members, distance from court proceedings, etc. However, as with question #2 above, the program must be informed of the reason(s) for the victim's decision in order to find that his/her cooperation, or lack thereof, was reasonable.

The program can pay compensation for either physical injury or emotional trauma. Physical injury is not a prerequisite for assistance; however, the crime usually must have involved physical contact or the threat of immediate physical harm.

Regardless of the outcome of the criminal case, the victim may qualify for compensation if the program can find that the crime occurred and that the victim meets all eligibility requirements. Further, the program bases it's findings on a preponderance of the evidence -- a lower standard than that required by the prosecutor in proving the charges. Therefore, the victim may qualify for assistance even if the offender is never identified, is never charged or is found not guilty.

Although the outcome of the criminal proceeding will be considered, other factors must also be considered in determining if the victim is eligible. For example, the crime must have been reported timely and the application filed in a timely manner. Further, the victim's conduct must also be taken into consideration: whether she/he acted so as to provoke or incite the crime or in a manner that she/he reasonably should have foreseen could lead to the crime or an injury. Therefore, the outcome of the criminal case does not necessarily determine the outcome of the victim's claim for compensation.

Compensation is not dependent upon restitution. If the victim is eligible, the program can pay the bills on the victim's behalf. If the offender later pays restitution, the payments are forwarded to the program. However, restitution should be requested from the offender in order to hold the offender accountable for his/her actions and to provide funds for payment of other claims.

Unlike other programs, there is no income requirement for Victims' Compensation; so long as the victim is eligible for assistance and has suffered a compensable loss, she/he can receive help - even if that person could easily afford to pay the bills.