Crime Victim Compensation

Crime victim compensation is a reimbursement program for crime victims. It covers various expenses arising from a crime-related event, such as medical expenses, lost wages, burial costs, funeral costs, and mental health counseling. Each state has its compensation program that supports crime victims. To claim compensation, the victim is required to apply through an agency handling the program in their state.

The Victims of Crime Act of 1984 enables the establishment of the Crime Victim Funds. Each state has its own regulations or eligibility criteria. However, a few standard rules govern the overall redressal process. These rules include reporting the crime, cooperating with law enforcement, and doing so in a timely manner to be eligible for crime victim compensation funds.

Crime victim compensation (CVC) refers to the government project that assists victims of crime and their families with facing the financial costs of the aftermath of being the sufferer of a heinous act. Each state has its customized set of eligibility criteria for compensation.

The compensation usually covers medical and dental expenses, burial costs, relocation expenses, funeral costs, mental health counseling, and lost wages. The respective states also fix time frames for each of these expenses.

Suppose an individual or their immediate family is applying for compensation for the exact costs that are covered through insurance or other such compensation means. In that case, they shall not be eligible to claim funds through the crime victim compensation program. Typically, states require that the crime be reported to law enforcement as early as possible and that they cooperate with them for the investigation to be eligible. 

The program provides much-needed financial assistance to crime victims during an already difficult situation. However, it is critical to ensure that the applicant is aware of the state or jurisdiction’s eligibility criteria.

Different states have different timelines and extend of help for each of the costs reimbursed to victims, and so are the eligibility criteria. However, in most cases, if the victim cooperates with law enforcement and is not being compensated through other means, they can apply for reimbursement through the crime victim compensation portal.

CVC covers various types of expenses, including:

• Medical treatment
• Dental costs
• Income or wage loss
• Job retaining
• Support loss
• Relocation
• Home security improvement or installation
• Veterinary fee
• Replacement costs for a service, signal, or guide dog
• Mental health counselling
• Crime scene clean-up
• Home modifications for permanently disabled victims
• Car modifications for permanently disabled victims

Each state has its own set of rules and criteria to be eligible for victims to be able to access crime victims' compensation funds. However, there are a few common standard guidelines. They include:

• Reporting the Crime: States typically require the crime to be reported to relevant authorities within a specific timeline, which is usually 72 hours from the event.
• Cooperation: Once the crime is reported, law enforcement needs to conduct their due diligence. Therefore, the applicant is required to cooperate and disclose details that might help them solve the case quickly.
• Application: The deadline for applying to recoup the expenses related to a crime may range from 180 days to two years after the crime.
• Documentation: In most states, the victims are required to provide relevant documentation such as medical bills or a police report. 
• Last Resort: Most states require that the victim has exhausted all options, such as insurance, Medicare, or Medicaid. Once all these options have been explored, the victim can rely on the CVC to compensate for their financial losses due to the crime. 

As mentioned earlier, the exact steps of applying through crime victim compensation portals may vary from state to state. However, the general guidelines are as mentioned below. 

• Before applying for compensation, the victim or their immediate family must ensure that they are eligible according to the state of their residence or the state where the crime has unfolded. 
• Once eligibility is confirmed, the applicant can apply for CVC at a victim assistance office or agency or directly through the state's official website. At this juncture, it is essential to disclose information in as detailed a manner as possible, including details of the crime, assistance received, and losses incurred due to the crime. 
• Like most things related to law, order, and justice, documentations take precedence over words. Therefore, applicants must ensure that they attach all relevant documentation, such as a police report or medical bill.
• The time taken to process these applications can also vary by state. Once approved, the states shall send details of the nature of compensation, the time frame, and the exact breakdown.
• The funds may be deposited directly to the victim’s account or sometimes through service providers. Therefore, it may be handy to know where the compensation shall reach beforehand.

Now that the theoretical aspects of the crime victim compensation program have been addressed, it is time to establish the concept's practical applicability through the examples below. 

Example #1

Phil was on his way back home from work when his car collided head-on with another car. It was later found that the other driver was under the influence of alcohol while driving. Phil fractured three bones and had scars all across his body. He was in no condition to work for 5 weeks. 

His wife Laura applied for compensation for medical expenses on his behalf, as they had reached the compensation limit on their insurance. The crime was reported almost immediately by passers-by to the first-response team, who in turn filed a complaint on behalf of Phil, who was unconscious after the accident. 

Their application was accepted, and they received $10,000 as compensation for medical expenses.

Example #2

The Tennessee Department of Treasury established the Criminal Injuries Compensation Fund in 1982 to help victims of crime recoup their losses. Since then, the fund has compensated over $350 million to victims.

The fund receives funds from both state and federal courts, which are in turn paid by criminals to assist the victim's recovery process. The funds cover costs that are either not covered by the victim’s insurance or are significantly less covered than the expenditure. 

The benefits of establishing the crime victim compensation program are:

• CVC helps victims of crime cope with the losses and cover expenses like mental health treatment, loss of income, medical treatment, and funeral costs. 
• Facing crimes can be emotionally taxing and financially costly. Therefore, a helping hand is needed in addition to insurance and other forms of compensation. 
• Due to the consequences or impact of the crime, victims may sometimes be unable to work or be disabled. CVC provides much-needed financial assistance to the victims and their immediate families. 
• It encourages people to report crimes to relevant authorities.
• For immediate needs, CVC may cover relocation, temporary housing, house remodeling for victims of crime leading to disability, and other essential services.