Did you know that if you are a victim of a violent crime you may be eligible for financial compensation? A state law now gives the Tennessee Claims Commission the power to determine claims and award compensation to victims of crimes.

The Tennessee Claims Commission may order the payment of compensation for personal injury or death of the victim of the commission of a crime, or of a person attempting to prevent the commission of a crime, or of a person apprehending an individual who committed a crime in the presence of the victim.

Compensation may be paid to the victim, to a dependent of a victim in the case of death, to the legal representative of the victim for unreimbursed funeral or burial expenses, or to a person responsible for the maintenance of the victim in the case of personal injury.

In certain cases, members of the offender's family are not eligible for compensation, and in no case is an accomplice or a person criminally responsible for the crime upon which the claim is based eligible for compensation.

The maximum total award which can be made is $10,000.00, and the court can reach this total by awarding compensation for actual medical and burial expenses, loss of past earnings, permanent or temporary disability, and other loss which the court determines to be reasonable. No awards are made for damage to property, and no award is made for pain and suffering except for victims of the crimes of sexual crimes such as rape.

The amount of compensation is reduced by the amounts which are received from other sources as insurance or from a personal injury lawsuit, unless the recovery from the other sources are not sufficient to reimburse the victim for his loss.

A victim has only one year in which to file the claim for compensation; however, the court may extend this time for good reason. When the claim is filed, a hearing will be held in court, and a Judge will determine first, whether the claim should be allowed, and second, the amount to be paid. The court may allow reasonable attorney's fees which are not to exceed 15% of the amount awarded as compensation, and this fee, if allowed, is to be paid in addition to the amount of the compensation to the attorney for the claimant. The attorney is not allowed to charge a sum larger than the amount allowed by the court.

An emergency award may be made if it appears to the court before time has come for the hearing that an award will probably be made on the claim, and that undue hardship will result if immediate payment is not made. The amount of the emergency award cannot exceed $500.00, and it is deducted from any final award made to the claimant.

Payment of any award which the court makes is made from the Criminal Injuries Compensation Fund but only as money is available in the fund to pay the award.

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