Crime can be very expensive for victims, beyond the loss of life, limb or property they entail. Out-of-pocket expenses caused by a crime may include the repair or replacement of essential personal property, loss of earning and support, unlimited medical bills and expenses including the cost of counseling, vocational rehabilitation, crime scene clean up, funeral bills, and more. Some of these costs may be covered by personal insurance, but too often, victims of crime learn how inadequate insurance can be. In such instances, your state’s Crime Victims Board (CVB) can be a lifesaver.
Most people are surprised to learn that such programs exist. This article will use the procedure for New York State as a template, but each state has its own CVB with similar programs. Benefits availability may vary from state to state.
In New York, claims must be filed within one year of the crime, or within one year of the victim’s death. In some cases, the board may accept claims filed over a year after a victim’s death due to a crime. You may also be eligible for assistance from other programs, such as rape crisis centers, social services, or United Spinal Association Hospital Services.
If you were the victim of a crime that caused you to become paraplegic or quadriplegic, you may also be eligible for reimbursement for loss of earnings, unlimited medical expenses, some health care and help getting equipment. First you should check to see what your insurance will cover; any assistance above and beyond what your insurance will cover may come from your state CVB.
Another recourse you may have to recoup your losses from crime is restitution, which is compensation paid to a victim by the perpetrator of the crime for the losses or injuries incurred as a result of the crime. It must be ordered by the court at the time of sentencing and is considered part of the sentence. Restitution may include reimbursement for medical bills, counseling expenses, loss of earnings, and the replacement of stolen or damaged property. Restitution is not for payment of damages for future losses, mental anguish or pain and suffering. Anyone who has been the victim of a crime and has suffered injuries, economic losses or damages can seek restitution. It is important to remember that it is your responsibility to give the police, DA and upon request, the local probation department copies of the bills and other documents showing the extent of your injuries, your out-of-pocket losses, and the amount of damages you want considered by the court.
Restitution payments are usually made to the local probation department by the perpetrator in New York City; non-probation restitution may be referred to Safe Horizon or other nonprofit collection agencies.
Payments are based upon the amounts and disbursed according to the schedule of payments in the restitution order. The appropriate restitution collection agency will then send a check to you accordingly. You must furnish the restitution collection agency your change of address. If the CVB has paid your bills, the court may order that a restitution payment be made to the board for those paid items. If you filed a claim with the CVB, it is important that you advise the board if the court orders the perpetrator to pay restitution.
To find contact information for the CVB in your state, you can call 800-404-2899 or 2898, or you can contact United Spinal Social Services.
