West Virginia Crime Victims Compensation Fund Authority
The West Virginia Legislature enacted legislation (WV Code §14-2A) Statute in 1981 creating the crime victims program within the West Virginia Court of Claims declaring that “a primary purpose of government is to provide for the safety of citizens and the inviolability of their property”. This act provides for compensation to innocent victims of crime who have suffered personal injury and who have incurred out-of-pocket losses as a result of criminally injurious conduct.

Crimes Resulting in Personal Injury:

• Malicious Assault
• Murder
• Assault and Battery
• Other Violent Crimes
• Child Abuse/Molestation, Robbery
• Domestic Violence
• Sexual Assault
• Driving under the Influence
• Kidnapping
• Reckless Driving
• Hunting Accident
• Vehicle Homicide (Negligent Homicide)
• Arson
  

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• The crime must either have occurred in West Virginia, or
• A West Virginia resident injured in another State without a
  compensation program, or
• A West Virginia resident injured outside the United States as
  a result of terrorism.
  
  

Requirements:

• The crime must be reported to law enforcement officials within
  72 hours (unless just cause exists).
• The claimant must fully cooperate with law enforcement officials.
  
• The claim for compesation must be filed within two years of
• The victim must suffer a personal injury.
• There must be an economic loss.
  

(Economic Loss—Expenses incurred as a result of the crime such as funeral, burial and
dependent loss expenses [when the crime results in death], work loss and replacement costs of prosthetic devices [i.e. glasses, dentures]).

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• An innocent victim suffering a personal injury as a result of a crime
• Anyone paying for the medical and/or funeral/burial 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 suffering non-economic loss due to the
  death of a victim

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• Medical/Dental
• Mental health counseling
• Lost wages/Income
• Funeral/Burial
• Lost support of eligible dependents
• Replacement service loss
• Mileage to medical treatment facility
  

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• Person who commits the crime
• Person who does not cooperate with law enforcement officials
  or the claim investigator
• Person who is injured while incarcerated
  What Types of Losses Are Not Covered?
• Personal property (except medically necessary items such as
  eyeglasses, prosthetic devices, dentures, etc.)
• Work loss of others (only the victim's work loss is considered)

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• Up to $25,000.00
• Medical/Dental
• Mental health counseling
• Wage/Income loss (Victim only)
• Mileage to and from medical treatment facility
• Replacements services
  

If the Victim Suffers Death:

• Up to $35,000.00
• Medical
• Mental health counseling for dependents
• Noneconomic loss of dependents
• Funeral/Burial expenses up to $4,000.00

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• Medical/health, dental, or vision insurance
• Employee sick leave benefits
• Employee annual leave benefits
• Public program benefits (Medicaid, Medicare, etc.)
• Workers’ Compensation
• Unemployment benefits
• Life insurance over $25,000 and auto insurance
• Court-ordered restitution
• Civil lawsuit recoveries

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How Do You Apply?
A Crime Victims Compensation Fund application must be completed. Applications are available upon request from the Fund or by calling the Fund at 1-877-562-6878 (within W.Va. only) or (304) 347-4850. Applications may be obtain from local county prosecuting attorney offices. (A copy of the application form can be found in this section.) Claimants may also seek assistance from an attorney. Reasonable fees will be paid by the fund at no cost to the claimant, regardless of the outcome of the claim. Attorneys are paid from the fund, not
from awards.

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What Are the Time Limitations for Filing an Application?
The application for an adult victim (18 years or older at the time of crime) must be filed with the fund within two years of the crime. The application for a minor victim (under 18 year of age at the time of the crime) must be filed with the fund before the minor's 20th birthday.

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Does a Claimant Have the Right to Appeal a Decision?
If the claimant disagrees with the judge’s decision, the claimant is given 21 days to request a hearing. Another judge will preside over the appeal hearing, which is the final process.

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• The law requires that awards be made directly to the medical
  or funeral/burial provider.
• Awards are made to the claimant for reimbursement of approved
  expenses.
• Awards are made to the claimant for approved wage/income
  losses.

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• $8.00 in Municipal Courts (excluding nonmoving violations)
• $10.00 in Magistrate and Circuit Courts
• 20% of DUI fines
• $50.00 in felony cases

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• Was a victim of crime in West Virginia
• Suffered a personal injury
• Reported the crime to law enforcement officials within 72 hours
• Cooperated with police
• Was an innocent victim
• Can file a claim application within 2 years
  

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West Virginia Crime Victims Compensation Fund Is Administered by the West Virginia Court of Claims.

For information contact:

By mail:
Crime Victims Compensation Fund
1900 Kanawha Blvd., E., Rm. W-334
Charleston, WV 25305-0610

In person:
State Capitol Building, West Wing, 3rd Floor, Room W-334

Telephone:
1-877-562-6878 (within W.Va. only)
(304) 347-4850 Fax: (304) 347-4915

Forms can be obtained on-line at:
http://www.legis.state.wv.us/joint/court/victims/main.html

Email: ctclaims@mail.wvnet.edu

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