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PART III. COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES

TITLE IV. CERTAIN WRITS AND PROCEEDINGS IN SPECIAL CASES

CHAPTER 258C. COMPENSATION OF VICTIMS OF VIOLENT CRIMES

Chapter 258C: Section 3. Maximum award; compensable expenses

Section 3. (a) The maximum award for compensation to a claimant under this chapter shall be twenty-five thousand dollars. If there are two or more claimants eligible for compensation arising out of a crime committed against one individual for the same crime, each claimant shall be entitled to receive compensation to the extent of out-of-pocket loss, in proportion to the out-of-pocket losses of every other claimant. The cumulative total of all awards based on such crime shall not exceed twenty-five thousand dollars.

(b) Except as otherwise provided in this chapter, the following expenses are compensable in accordance with this section:

(1) The maximum award of compensation for burial expenses shall be four thousand dollars. A legal guardian, dependent or other family member of the victim or a person who actually incurs burial expenses directly related to the death of a victim shall be eligible for compensation for such burial expenses.

(2) (A) Expenses incurred for hospital services as the direct result of injury to the victim shall be compensable in accordance with this chapter; provided, however, that when claiming compensation for hospital expenses, the claimant must demonstrate an out-of-pocket loss or a legal liability for payment of said expenses. No hospital expenses shall be paid where the expense is reimbursable by medicaid or where the services are covered by chapter one hundred and eighteen F. Every claim for compensation for hospital services shall include a certification by the hospital that the services are not reimbursable by medicaid and that the services are not covered by chapter one hundred and eighteen F. In no event shall the amounts awarded for hospital services exceed the rates for services established by the division of health care finance and policy if rates have been established for such services.

(B) Expenses incurred for physician, dental, ambulance, or other medically necessary services or prosthetic devices as the direct result of injury to the victim shall be compensable in accordance with this chapter; provided however, that when claiming compensation for such expenses, the claimant must demonstrate an out-of-pocket loss or legal liability for payment of such expenses. No physician, dental, ambulance or other necessary services or prosthetic device shall be paid where the services were reimbursable by medicaid. Every claim for compensation for physician, dental, ambulance or other medically necessary services or for prosthetic devices shall include a certification by the health care provider that the expense was not reimbursable by medicaid.

(C) A victim or, where death results from the crime, the dependents and family members of the victim, shall be eligible for compensation for reasonable mental health counseling obtained as a result of the crime.

(D) If the victim was employed or had received a bona fide employment offer at the time of the crime, he shall be eligible for compensation for loss of actual earnings due to disability from work as the result of injuries caused by the crime. In order to be eligible for lost earnings, the victim must demonstrate medical disability and causal relationship to the crime. The amount of compensation shall be based on the victim’s net earnings or expected net earnings as a result of an employment offer at the time of the crime. If the victim is a minor at the time of the crime, he shall be eligible for future lost earnings due to disability from future employment as a result of injuries caused by the crime.

(E) If the sole occupation of the victim at the time of the crime and for the preceding one year was limited to performing the duties and responsibilities of a homemaker, the victim or his dependents shall be eligible for reimbursement for the reasonable costs of maintaining such services. In order to be eligible for compensation for homemaker services in nonhomicide cases, the victim must demonstrate a medical disability which is causally related to the crime.

(F) In the case of the death of the victim as a direct result of the crime, a dependent of a victim shall be eligible for compensation for loss of the victim’s support. No compensation for loss of support shall be paid unless the claimant demonstrates either that the dependent was living with the victim at the time of the crime or, in the case of minor children of a deceased victim who were not residing in the victim’s household at the time of the crime, that the minor children received financial support directly from the victim prior to the crime or were legally entitled to receive such support, such entitlement having been established by a court order or a judicially enforceable agreement. An award for loss of support shall be based upon the victim’s actual earnings and the life expectancy of the victim.