You have just received a call from a potential client who's spouse has been in the hospital for two weeks after being hit by a drunk driver. Her question to you, ÒWhat am I going to do about the enormous hospital bill, we do not have insurance and the hospital wants their money now?Ó Unless your law firm has just settled a multi-million dollar lawsuit, you don't have the money to front the client, so what do you do? Contact the Crime Victims' Compensation Division of the Attorney General's office for assistance.

Law firms and their professional staff have been going the extra mile for their clientsÑespecially when it comes to the Attorney General's Crime Victims' Compensation Division. The program, which was created 20 years ago, offers financial reimbursement to innocent victims of violent crime for such unexpected bills as hospital expenses, counseling, lost wages and child and dependent care.

Before coming to the Attorney Generals office, I was in the private sector for 14 years and I did not know about Crime Victims' Compensation. I think many private law firms didn't know the program existed and are now realizing their clients have another option of receiving compensation for costs incurred due to the crime. Court restitution has always been the avenue of assistance for victims of crime but, in some cases, the compensation program can offer more immediate assistance.

The money for the program comes from the Crime Victims' Compensation Fund which receives monies from fees assessed offenders in the court. Other sources of funding includes federal court costs, restitution, reimbursements, donations and money collected from civil cases or subrogation. There are no tax dollars involved in either the awards or the administration of the program.

Victims access the fund through an application process. To be eligible a victim must be an innocent victim of criminally injurious conduct where the act occurred or was attempted. These types of crimes include, but are not limited to homicide, sexual assault, assault, intoxication related vehicular crimes and other crimes against persons. The program requires that a police report be made and that victims cooperate with law enforcement. There is no requirement that an offender be identified, apprehended, charged or convicted for a victim to apply and be awarded compensation.

For crimes occurring after September 1, 1997, an award may be made for up to $50,000. However, if the victim suffers a permanent disability due to the crime, a catastrophic injury award may be made for an additional $50,000. Awards for crimes prior to September 1, 1997 are limited to $25,000 and $50,000 for a catastrophic injury.

Awards may be made for the following expenses as long as they are related to the crime:

medical bills including hospital stays, physician fees, x-rays, prescriptions, etc.
counseling for victims and certain family and household members
funeral and burial expenses
lost wages and loss of support
costs associated with crime scene clean-up
travel costs related to seeking medical treatment or participating in the criminal justice process
reasonable replacement costs for items taken as evidence
attorneys fees when assisting a victim with the Crime Victims' Compensation application
minor child or dependent care provided by a licensed care provider
catastrophic injury home improvement, training or vocational rehabilitation, home health care and lost wages

Crime Victims' Compensation is an excellent avenue for you to utilize in effectively representing your clients. We offer immediate assistance, whereas it may take 2Ð3 years for you to settle their lawsuits. You and your client are obligated to inform us about the civil case and at the time of settlement, we may seek subrogation.

If you have questions or would like additional information, please feel free to call me at 512-936-1236. Or, visit our website at www.oag.state.tx. under the criminal justice heading.

Editor's Note: Jo Ann and her staff give presentations on the Crime Victims Compensation Program throughout the state. If your firm or organization is interested, please contact her at (512) 936-1236 or e-mail: joann.scott@oag.state.tx.us.

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