WV Crime Victim Compensation Q & A

The following information is provided as a general overview of the West Virginia Crime Victim Compensation fund. Each case has a different set of facts and circumstances, so we recommend getting the advice of an attorney. Rist Law Offices provide free initial consultations to crime victims and we also will assist with making a claim against the crime victim compensation fund without charging a fee to our clients.

Call us toll free at 1-866-982-5299 to discuss your case.

What is the West Virginia Crime Victim's Compensation Fund?

The West Virginia Legislature passed the Crime Victim's Compensation Act in 1981. The act can be found here.
The purpose of the act is to provide a system of compensation for the victims of crime. The act allows innocent victims of crime who have suffered personal injury and who have incurred out-of-pocket losses as a result of criminally injurious conduct.

How do I qualify for benefits under the WV Crime Victim's Compensation Fund?

In order to qualify, a person has to meet all of the following:

   + Was the victim of a crime in West Virginia or is a West Virginia resident injured in a state without a compensation program or injured out of the country by terrorism
   + Suffered personal injury
   + Reported the crime to law enforcement officials within 72 hours
   + Cooperated with the police
   + Was an innocent victim

Can I file a claim with the WV Crime Victim's Compensation fund if I was the victim of an automobile accident?

A claim generally cannot be made against the WV Crime Victim's Compensation fund as the result of an automobile accident unless the person who caused the accident intended to cause personal injury or death or the person committed negligent homicide, was driving under the influence of alcohol or controlled substances, or engaged in reckless driving.

What crimes are covered under the WV Crime Victim's Compensation fund?

The code defines the following as crimes resulting in personal injury:

   + Malicious assault
   + Assault and battery
   + Child abuse
   + Child molestation
   + Domestic violence
   + Driving under the influence
   + Reckless driving
   + Vehicular homicide (negligent homicide)
   + Murder
   + Other violent crimes
   + Robbery
   + Sexual assault
   + Kidnapping
   + Hunting accidents
   + Arson

How long do I have to file a claim?

Within two years of the date of the incident.

Who can file an application?

   + A victim
   + Anyone who pays for the medical and/or funeral expenses of a victim
   + A legal guardian of a minor
   + An executor or executrix of the estate of a deceased victim
   + A spouse or dependent who suffers noneconomic loss due to the loss of a victim

What types of losses may be covered by the fund?

   + Medical and dental expenses
   + Lost wages
   + Funeral and burial expenses
   + Loss of support of eligible dependents
   + Mileage to and from medical treatment facilities
   + Replacement services

Is there a limit to what can be paid by the fund?

Yes. The total cannot exceed the following:
   + If the victim suffers injury, up to $25,000 can be recovered.
   + If the victim suffers death, up to $35,000 can be recovered.

Additionally, if the claimant or victim recovers money for any of the covered losses from another source, then the claimant or victim is responsible for repaying the amount covered.

Other sources include the following:
   + Medical insurance
   + Sick or annual leave benefits
   + Medicaid or Medicare benefits
   + Workers' Compensation
   + Unemployment benefits
   + Life insurance above $25,000
   + Automobile insurance
   + Court ordered restitution
   + Civil lawsuit recoveries

Can an attorney help me to apply for benefits?

Yes. The crime victim's compensation fund will pay reasonable attorney's fees at no cost to the claimant or victim regardless of the outcome of the claim. An award to a claimant or victim is not reduced by the amount of attorney's fees.

As a result of this provision of the Crime Victim Compensation Act, Rist Law Offices can assist claimants or victims in applying for benefits under the act without charging a fee to the claimant or victim. All fees are charged directly to the fund, not the victim or claimant.

What happens after an application is filed?

The claim is assigned to a claim investigator who will determine eligibility. The investigator will contact involved parties, including witnesses, police, hospitals, doctors and employers to verify the information contained in the application. The investigator will then file with the Court a Finding of Fact and Recommendation which is also sent to the claimant. A response to the Finding of Fact and Recommendation can then be filed within thirty days.

Once these documents are filed, a Court of Claims judge will review the file and will render a decision.

Free Confidential Consultation

If you, a family member, or a friend has been the victim of a crime, contact a WV crime victim lawyer from Rist Law Offices for a free confidential consultation. We are sensitive to the issues that are being faced by crime victims and will take the time to thoroughly discuss every aspect of the case. We do not charge anything for discussing the case and all facts will be kept confidential. We accept all crime victim cases on a contingency fee basis, which means that we do not charge a fee until your case is settled or won in court.

Contact a West Virginia Negligent Security Lawyer from Rist Law Offices to see how can we help you today.