Why Victim Compensation Fund Application Is Needed
Compensation Fund Application Is Needed
The aftermath of crime can leave behind many costs, including repairing or replacing lost property, paying for legal fees, and covering medical or mental health care. Those expenses are often not covered by insurance. Crime victim compensation is meant to fill in those gaps and help victims get back on their feet. However, strict eligibility requirements and bureaucracy can make it hard for many victims to access this funding.
The state’s program is funded through a mandatory court fee levied against the convicted perpetrator of a crime. The money helps pay for victim compensation, which in turn covers a number of expenses for crime victims and their families. Unlike civil compensation, victim compensation is not taxpayer-funded. In order to qualify for crime victim compensation, a victim or family member must have suffered a loss as a direct result of a crime.
Eligibility for victim compensation depends on several factors, including the nature of the crime, the extent of the injury or loss, and whether other sources have been used to cover the expense. The program is considered a “payor of last resort” and only considers expenses that have not been reimbursed by other resources, such as insurance, worker’s compensation, or crowdsource fundraising platforms.
Despite the strict eligibility requirements, the program is able to cover a variety of expenses. It can help cover legal costs, funeral expenses, therapy and other treatment, out-of-pocket medical costs (such as x-rays and follow-up medications), lost wages, and other incidental expenses. It can also help with moving expenses and rental assistance.
Why Victim Compensation Fund Application Is Needed
It can be extremely helpful for a crime victim to have an experienced attorney represent them in applying for funding from the state’s victim compensation fund. An attorney will be able to ensure that all of the necessary steps are taken to demonstrate eligibility and to help victims receive the maximum benefit from their claim. Additionally, unlike a standard personal injury case, where attorneys may claim up to 40 percent of the settlement or judgment, the victim compensation fund application caps attorney fees at 10 percent.
While the federal government is working to ensure that 9/11 victims are fully compensated, many states’ programs still have significant limitations that limit their effectiveness. Some states have caps on their maximum award, others have strict guidelines for determining eligibility, and others are even cutting back on their funding.
Fortunately, New York state is now one of the few remaining states with full eligibility for its crime victim compensation fund. The Zadroga Act reopened the fund on July 1, 2011 to start administering benefits for people who lived, worked, went to school, or volunteered in Lower Manhattan and surrounding areas between the time of the attacks and May 30, 2002. It also expanded the exposure zone to include the areas through which debris from the World Trade Center site traveled. An experienced 9/11 lawyer can assist victims in submitting claims to the NYS Crime Victim Compensation Program to help them get the support they need.
