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.
https://wvlegislature.gov/Joint/Victims/main.cfm
