| What is the Crime Victim Compensation Fund? |
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The Michigan Crime Victim Compensation Fund was established to provide financial help to crime victims who suffer personal injury (bodily harm) or lose earnings or support because of the crime. The Victim Services Unit will be able to help with any questions you might have. |
| Am I a "crime victim"? |
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The Crime Victim Compensation Board will consider you to be a "crime victim" if:
- You suffered personal physical injury as the direct result of a crime.
- You were an intervene who suffered personal physical injury while going to the aid of a crime victim.
- You are a Michigan resident who is injured by crime committed in another state, when that other state does not have a victim compensation program available.
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| Does the Crime Victim Compensation Fund only apply to "assault" victims? |
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No.
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| What other conditions apply to the Crime Victim Compensation? |
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- The crime victim must be a resident of Michigan
- The crime must have occurred in Michigan
- The crime must have been reported to the police within 48 hours (unless the Board finds there was good cause for a longer delay
- The crime victim must have cooperated with the investigation and court proceedings against the defendants)
- The crime victim must have a minimum $200 out-of-pocket medical expenses and/or a loss of two continuous weeks of earnings or support.
- The claim must be filed within one year of the crime or one year of the victim's death (although other time limits apply when a child is a victim of sexual abuse, or when a crime is discovered by a law enforcement agency where the injury was previously determined to be accidental, of unknown origin, or from natural causes)
- A deceased victim's immediate family member may file a claim in the victim's place
- Expenses or losses that are covered by personal insurance or that can be paid by another source will not be covered
- Compensation is limited to medical expenses, funeral costs, counseling, rehabilitation, and loss of earnings or loss of support resulting from an injury which the direct result of a crime. Property loss is not covered.
- The person filing the claim cannot be criminally responsible for the crime, be an accomplice, or have contributed to the infliction of the injury.
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| How do I file a claim? |
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Obtain and fill out an application form. Forms are available from the Crime Victims Compensation Board, S.A.F.E. Place, or police or sheriff's departments. Your claim must be filed with the Board not later than 1 year after the occurrence of the crime. File the claim by mailing it to:
Crime Victim's Compensation Board
P.O. Box 30026
Lansing, MI 48909
The phone number for the Crime Victim's Compensation Board is (517) 373-7373.
NOTE:The Prosecuting Attorney does not represent the Crime Victim's Compensation Board and this office cannot waive any requirement of the law or rules of the Board.
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| Do I need an attorney to file a claim? |
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Except in unusual circumstances, you do not need an attorney but you always have the right to hire or consult with one. The Board investigates each claim and is willing to deal with you without an attorney. You can hire an attorney at any stage of the process. However, any attorney fee must be paid by you, and Board rules do not limit the amount that an attorney might charge you.
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| What compensation may be awarded? |
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The actual amount of compensation, if any, depends upon the facts of each case. Do not try and decide for yourself whether you are eligible. If you have any doubt, file a claim and the Board will decide. Compensation to crime victims is limited in many ways, including:
- Maximum total dollars – $15,000.00
- Maximum funeral expenses – $2,000.00
- Up to $200.00 dollars for each week of lost earnings or support (in the case of death)
- Losses resulting from an injury or death are awarded only if a person has no insurance or public assistance available.
- Victim must have suffered a serious financial hardship.
NOTE: The minimum loss requirements will be waived for (1) persons retired by reason of age or disability, and (2) for the expense of forensic medical exams for sexual assault victims.
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| What losses are not covered? |
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- Personal property loss or damage
- Pain and suffering
- Injuries received while confined in a correctional facility
- Victims of motor vehicle accidents with no available automobile insurance should file a claim with the Secretary of State
NOTE: These losses might be recoverable through court-ordered restitution as part of a convicted perpetrator's criminal sentence or through the enforcement of a judgment obtained in a civil lawsuit against the wrongdoer.
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| Is my claim limited because I also have insurance? |
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The Board is the payer of last resort. Payments from insurance or public funds for out-of-pocket expenses, lost earnings, or support (except disability or death benefits paid to a peace officer) are primary resources and must be deducted prior to any award from the Board. The claimant must repay the State of Michigan out of any insurance settlement or court-ordered restitution that is determined at a later date.
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| What happens after a claim is filed? |
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The Board will notify the Prosecuting Attorney that a claim for compensation is pending. An investigation will verify the validity of the claim and the extent of any compensatable loss. The claimant may be requested to provide documentation if the Board is otherwise unable to verify the claim.
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| If my claim is denied, can I appeal? |
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If dissatisfied, the claimant has 30 days to appeal the individual member's decision to the full Board. A disgruntled claimant may request an evidentiary hearing. The decision of the full Board becomes the final decision of the Board. If still dissatisfied, the claimant may file a request for leave to appeal with the Court of Appeals within 30 days after the Crime Victim compensation Board's final decision.
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| Who can I call if I have questions about compensation? |
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You can call the Victim's Unit at (269) 969-6944.
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