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Victims of crime can receive injury compensation

The Maryland General Assembly has recognized that many indigent persons suffer physical injury or death as a result of criminal acts in their efforts to prevent crime or apprehend persons committing or attempting to commit crimes. Such persons or their dependents may also suffer disability, incur financial hardships or become dependent upon public assistance.

The Maryland Criminal Injuries Compensation Act provides that a victim, surviving spouse, child of a victim, or other persons directly or indirectly affected by the crime, may file a claim with the Criminal Injuries Compensation Board and receive payment for such things as medical expenses, lost wages, mental care counseling and funeral expenses necessitated by injuries sustained during the prevention of a crime.

An award may be made on a claim if the claimant has incurred a minimum out-of-pocket loss of $100 or who has lost at least two (2) continuous weeks' earnings or support. Out-of-pocket loss means reimbursed and non-reimbursable expenses reasonably incurred for medical care, mental health counseling, funeral expenses, or other services necessary as a result of the injury upon which such claim is based. A claim must be filed with the Board not later than 180 days after the occurrence of the crime upon which such claim is based, or not later than 180 days after the death of the victim. All claims should be filed in the Office of the Secretary of the Compensation Board in person or by mail.

Once a claim has been filed, the Board will review the papers filed in support of the claim and may undertake an independent investigation to confirm the validity of the claim. The investigation shall include a review of any police report or court records, along with medical or hospital reports relating to the injury upon which the claim is based. Claims are considered regardless of whether the alleged criminal has been apprehended, prosecuted or convicted of any crime based upon the incident.

The Board will not make an award for criminal injury compensation unless it finds that (1) a crime was committed; (2) such crime directly resulted in personal physical injury to, or death of the victim; and (3) police records show that such crime was promptly reported to the proper authorities. An award will not be made where the police records show that a report was made more than 48 hours after the occurrence of such crime, unless the Board finds that the delay in reporting was the crime was justified by the circumstances of the incident.

 

 

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