Indiana
Victim Resources & Support Services

Violent Crime Compensation

Questions & Answers on Financial Assistance to Victims of Violent Crimes

� WHO IS ELIGIBLE?

The Indiana Code defines a violent crime as a felony or Class A misdemeanor that results in bodily injury or death to the victim. Persons eligible for assistance from this fund include:

• An innocent victim of a violent crime or a crash caused by a drunk driver.
• A surviving spouse, dependent child or other legal dependent of an innocent victim who has been killed as a result of a violent crime or a crash caused by a drunk driver.
• A person who is injured or killed trying to prevent a violent crime or giving aid to a law enforcement officer.
• The immediate family members of a murder victim or sex crime victim who need mental health counseling.

WHO IS NOT ELIGIBLE?

Persons not eligible for assistance from this fund include:

• A victim who did not receive bodily injury as a result of the crime.
• A victim who has engaged in misconduct that caused or contributed to the crime that led to the injury or death.
• A victim who is injured while confined in a correctional facility.

WHAT OTHER REQUIREMENTS ARE THERE?

A claim may be denied if the following requirements are not met:

• The crime must have taken place in Indiana.
• The crime must have been reported to the police within 48 hours.
• The victim or survivors must have been cooperative in the investigation and prosecution of the crime.
• There must be a minimum of $100 in out-of-pocket expenses.
• Application for benefits must be filed no later than 180 days after the crime occurred.

WHAT EXPENSES MAY BE PAID?

A maximum award of $10,000 may be paid for any one injury or death, including:

• Reasonable medical, hospital, surgical, pharmacy, dental, optometry, and ambulance expenses.
• Up to $3,000 funeral, burial, or cremation expenses.
• Up to $1,000 for victims of sexual assault and immediate family members of victims of homicide & domestic violence. If a counselor has a sliding fee schedule, a maximum $1,500 award for counseling may be considered.
• Lost wages.
• Loss of support to a dependent of a crime victim who is killed.
• Reasonable attorney fees.

  Note: You are still legally responsible for payment of expenses in the event the provider of service will not wait for payment from this office.

WHAT IS NOT COVERED?

This fund does not reimburse victims for:

• Personal property loss.
• Property damage.
• Damages for "pain and suffering".

  (These can be sought in a civil action.)

WHERE DO I GET AN APPLICATION?

Application forms are available by calling Victim Services at your County Prosecutor's Office, or the Violent Crime Compensation Division of the Indiana Criminal Justice Institute in Indianapolis. For more information call (317) 232-7103.

THEN WHAT DO I DO?

Victim Services at your County Prosecutor's Office can help you fill out the form but you must sign and submit the application yourself.

The application must be sent to Indianapolis by certified mail with return receipt requested. (The signed return receipt is your proof that you filed the application.)

Or, you may file the application in person at the Violent Crime Compensation Division in Indianapolis.

WHAT HAPPENS NEXT?

The Violent Crime Compensation Division reviews all applications and investigates to verify the information given and determine the extent of the loss.

If the application is not properly completed, or if additional information is required, the Division will send a written explanation tot he applicant of what is needed. If a claim is not complete within 30 days of filing, it may be denied.

You will be notified by mail of the results of Violent Crime Compensation's investigation and their decision.

WILL I GET THE MONEY?

The Division may make an award in full, or in part or deny a claim altogether. In the event that expenses exceed the maximum award of $10,000 the Division will divide the award among the providers. Violent Crime Compensation is a "payer of last resort." This means that all other sources must be exhausted before an award can be made. Therefore, the final award may be reduced by the amount of benefits covered by insurance, unemployment compensation, Social Security, public funds (including Medicare or Medicaid), or any other source.

Note: If you do receive Violent Crime Compensation funds, and later receive an insurance settlement or court-ordered restitution covering the same loss paid by the Division, YOU MUST REPAY THE STATE OF INDIANA.

WHAT IF I AM NOT SATISFIED WITH THE DECISION?

You have 30 days from the date of the notice to write to the Division to request a hearing to appeal the decision. The Division will set a hearing date and notify you of the time and location. Appeal hearings are held at the Violent Crime Compensation Division in Indianapolis.

DO I NEED AN ATTORNEY?

It is not necessary to hire an attorney to apply for violent crime compensation or to appeal a decision of the Division. However, if you choose to hire an attorney and receive an award from this fund, reasonable attorney fees may be paid by Violent Crime Compensation.

For a written copy of this document, please contact Gwen Allen at the Violent Crime Compensation Division of the Indiana Criminal Justice Institute:

Violent Crime Compensation
302 W. Washington St., E203
Indianapolis, IN 46204

Phone: (317) 232-7103
Fax: (317) 232-4979

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