ACT 250 Of
1982
R.S. 46: 1801-1822
Effective
July 1982 the State of
Louisiana
established a program to provide for the payment of
compensation for victims of certain crimes. The law
known as the Crime Victims Reparations Act created the
Crime Victims Reparations Fund. The board administers
the provisions of the Act and awards payments from the
Fund. Income for the Fund is composed primarily of
monies paid as costs levied on Criminal Court cases.
Other components of the Fund include a federal grant,
court-ordered restitution from criminals, donations and
interest.
Eligibility to apply for awards
You may
apply if you believe you are a crime victim, you are the
victim’s legal representative (his attorney or the
person legally responsible for the expenses) or you are
the victim’s dependant. Your claim may be filed
regardless of whether the offender is known, has been
arrested, and/or has been found guilty. The crime must
have involved the use of force or threat of use of force
and result in personal injury, death or catastrophic
property loss, and result in expenses covered by the
statute and not reimbursable by any other source.
Vehicular Crimes
Vehicular
Crimes (motor vehicle, boat or aircraft) are not
included unless, the victim of a DWI driver, the victim
of a hit and run driver, the victim of a driver who is
fleeing the scene of a crime in which he knowingly
participated, or the victim whose injuries were
intentionally inflicted with a vehicle.
Application requirements
-
The
crime must have been committed in Louisiana after
July 16, 1982, or happened to a
Louisiana
resident in a place with no compensation program.
-
You must
have reported the crime to law enforcement officials
within 72 hours unless there were valid reasons for
later reporting.
-
You must
file the application within one year from date of the
crime unless there was good cause for filing late.
-
You must
provide the required information on the application.
-
Your
losses must not be reimbursable from any other source
such as: insurance, sick or annual leave, Social
Security, Medicare, Medicaid, civil suit or
restitution. If you have access to any of these or
other resources, you must use those first.
-
You must
cooperate with the reasonable request of law enforcement
officials.
You may not receive an award if:
-
You do not
comply with the application requirements above.
-
You are
the offender, an accessory, or an award would unjustly
benefit the offender or accessory.
-
You are
confined in any type of correctional facility.
Your award could be reduced if:
-
The Board
finds the implication of your behavior at the time of
the crime or your past criminal activity caused or
contributed to the incident.
-
You were
operating a vehicle at the time of the crime without the
required insurance.
-
You were
not wearing a seat belt as required.
-
You were a
willing passenger in a vehicle driven by an intoxicated
driver.
-
The victim
had a criminal history, which included a felony
conviction.
Reimbursable expenses
-
For
personal injury:
Medical, hospital,
nursing, physical therapy, psychiatric care or
counseling. Actual loss of past earnings because of a
disability resulting from the personal injury. Care of
children to enable victim or the spouse, but not both,
to engage in gainful employment.
-
As a
consequence of death:
Care if a child or
children enabling the surviving spouse or legal
custodian of deceased victim’s children to engage in
lawful employment, where that expense is not otherwise
compensated for personal injury loss. Counseling or
therapy for any surviving family member of the victim or
any person in close relationship to such victim.
Funeral, burial or cremation expenses. Loss of support
to one or more dependents not otherwise compensated for
personal injury loss.
-
From
catastrophic loss of your home by arson.
-
Expense of
the victim associated with the collection and securing
of crime scene evidence.
Non-reimbursable expenses
Expenses,
which may not be reimbursed for any reason, include
property losses except for a catastrophic loss which is
limited to the loss of your current residence provided
it is owned and occupied by you, pain and suffering,
and/or attorney fees except when they are part of an
order from a hearing or awarded by a court of law.
Verification
All
information presented on an application will be
investigated and verified. Only actual out-of-pocket
expenses can be reimbursed.
Awards
The Board
is NOT responsible for your bills and does not guarantee
any payment on any application. Compensation is
determined by the Board within statutory and policy
guidelines. The Board does not guarantee payment of the
maximum amount allowed by law. The Board will notify
you of any action taken regarding an application. If
you receive an award and also file a civil suit, you
must notify the Board and the Attorney General when you
file. In the event you receive an award and then
receive an award and then receive payment from any
collateral source or recover damages in a civil suit,
you are required to repay the Fund.
Emergency Awards
The Board
may make an Emergency Award to a victim not to exceed
$500 pending its final decision on an application. This
is done when it appears an award will likely will be made and
undue hardship will result if no immediate relief is
provided.
How to Apply
Applications can be obtained from:
Lafourche
Parish Sheriff’s Office
Police
Social Services
P.O. Box
5608
Thibodaux,
LA 70301
(985)
449-4476
Crime
Victims Reparations Board
1885
Wooddale Blvd
Baton
Rouge, LA 70806
(225)
925-4437
(888)
6-VICTIM (in state only)
Completed
applications are to be returned to the Lafourche Parish
Sheriff’s Office. For Assistance Call (985) 449-4476.
