What the state program covers
New York's Office of Victim Services runs a compensation program for innocent victims of crime and, in some cases, their family members. It can help with out-of-pocket costs such as medical and counseling bills, lost earnings, and funeral expenses, and it generally pays after other sources, like insurance, have been applied. It generally does not compensate for pain and suffering. Eligibility usually depends on the crime having been reported, often to law enforcement, within a set period, and on the claim being filed within a set period, although there are exceptions and other accepted forms of reporting in some situations. Victim assistance programs funded by the office can help with the application.
Other routes to recovery
A compensation claim is separate from restitution, which a criminal court may order the offender to pay as part of a sentence. Restitution depends on the criminal case and on the offender's ability to pay. A civil lawsuit may also be possible, against the offender or against a business whose negligent security contributed to the harm, such as a landlord or a venue. New York has laws that give crime victims extra time to sue an offender in some situations and that track money an offender receives. These routes can overlap, and a recovery from one may affect another.
Building the claim
Keep the police report number, medical bills, receipts, pay records showing missed work, and insurance statements. If a family member died, gather the death certificate and funeral bills. We can help with the compensation application, but we also look at whether a civil claim exists, which often involves different evidence and deadlines. If the offender has not been identified or convicted, you may still be eligible for compensation. We talk through how taking part in the criminal case and pursuing a civil claim fit together.
