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Crime Compensation Fund

The Crime Victims Compensation Act establishes a fund, which pays certain compensation and medical benefits to innocent victims of crime. The program is administered by the West Virginia Court of Claims.

HOW IS THE SYSTEM FUNDED?
Every person who is convicted of or pleads guilty to a misdemeanor or felony offense, other than a non-moving traffic violation, is assessed additional court costs, which are transmitted to the State Treasurer for deposit into the Crime Victims Compensation Fund. No tax dollars are used.

WHO CAN FlLE A CLAIM?
-Any victim who suffers personal injury as the result of a crime.
-Any individual who is the dependent of a deceased victim of crime.
-Any West Virginia resident who is victimized by terrorism overseas, either the claimant or the Claim Investigator disagrees with the decision rendered.

WHAT IS REQUIRED?
-The crime must be reported to law enforcement officials within 72 hours,
-The claimant must fully cooperate with law enforcement officials.
-The claim for compensation must be filed within 2 years of the date of the crime

IS THERE A LIMIT TO THE AMOUNT RECOVERABLE?
Compensation payable to a victim and to all other claimants sustaining economic loss because of injury to that victim shall not exceed $35,000. Compensation for the death of a victim shall not exceed $50,000, which includes up to $10,000 for funeral and burial expenses.

HOW IS A CLAIM PROCESSED?

-The Claim Investigator reviews the claim and files a finding of fact and recommendation.
-A Judge of the Court of Claims evaluates the claim without a hearing and renders a decision,
-A hearing on the matter will be held if either the claimant or the Claim Investigator disagrees with the decision rendered.
-Any West Virginia resident who is victimized by terrorism overseas

IS THE LOSS OF OR DAMAGE TO PROPERTY RECOVERABLE?
No, except for prosthetic devices, eyeglasses, dentures, etc.

IS THERE A FILING FEE?
No

DO YOU NEED AN ATTORNEY?
No. If a claimant seeks the services of an attorney, reasonable fees will be paid by the Fund at no cost to the claimant.

By Clicking the link below you can download the pdf. of the
West Virginia Compensation Fund Application


or visit the link below for more information.
http://www.legis.state.wv.us/Joint/Victims/main.cfm

 

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