West Virginia
Victim Resources & Support Services

(last updated 7/05/98)

CRIME VICTIMS COMPENSATION ACT

The Crime Victims Compensation Act establishes a fund which pays certain compensation and medical benefits (money) to victims of crime. The program is administered by the West Virginia Court of Claims. The program is funded by additional court costs assessed to every person who is convicted of or pleads guilty to a misdemeanor or felony offense, other than a non-moving traffic violation. These additional court costs are transmitted to the State Treasurer for deposit into the Crime Victims Compensation Fund.

In order to be eligible to file a claim, one must be:

  1. An innocent victim who suffers personal injury as the result of a crime; or
  2. An individual who is the dependent of a deceased victim of a crime; or
  3. A West Virginia resident who is victimized in a state that does not have a victim compensation program.
One must also have reported the crime to law enforcement officials within 72 hours, fully cooperated with the law enforcement officials, and the claim for compensation must be filed within 2 years of the date of the crime.

An attorney is not needed but if a claimant seeks the services of an attorney, reasonable fees will be paid by the Fund at no cost to the claimant. There is no filing fee.

The claim is processed by a Claim Investigator who reviews the claim and files a finding of fact and recommendation. A judge of the Court of Claims then evaluates the claim without a hearing and renders a decision. A hearing on the matter will be held if either the claimant or the Claim Investigator disagrees with the decision rendered.

Compensation payable to a victim and to all other claimants sustaining economic loss because of injury to that victim shall not exceed $20,000. Compensation for the death of a victim shall not exceed $30,000, which includes up to $3,000 for funeral expenses.

For further information, contact your local office of the State Attorney, your local police or sheriff's office or a rape or domestic violence program near you.