Crime Victim Compensation.

North Carolina is one example of a state that operates a Crime Victim Compensation program. In North Carolina, this program is administered through the North Carolina Department of Public Safety. While these programs provide a level of assistance and financial support for victims, they are governed by their own rules and regulations. As a result, the benefits provided by these programs may be available in addition to compensation obtained through a civil lawsuit, which targets the perpetrators, institutions, insurers, and other defendants who may be legally responsible for the harm caused.

Here are five key points to understand about crime victim compensation programs:

• Victims can often receive crime victim compensation benefits and pursue recovery through a civil lawsuit simultaneously.
• The financial benefits from a state’s Crime Victim Compensation program are government payments made to victims. The financial recovery pursued in a civil lawsuit consists of damages paid by the perpetrator, his or her insurer, his or her employer, and/or other defendants.
• The amount that victim-compensation programs pay is governed by the rules of the individual program. In contrast, the amount a court awards in a civil lawsuit is governed by the rules and standards that have been developed through the American civil litigation system.
• The state in which you are applying for crime victim compensation benefits will have rules that determine your eligibility, what benefits you can seek, and the time available to apply. For example, North Carolina law and the North Carolina Department of Public Safety’s rules and regulations determine eligibility and deadlines for North Carolina’s program. These rules do not apply to victims who are seeking benefits under Texas law, nor do they determine whether a victim seeking benefits under Texas law is eligible or entitled to the benefits that are available under Texas’s program.
• While crime victim compensation programs seek to help victims in the aftermath of a crime, civil lawsuits seek to obtain just compensation from the individual or entity responsible for the victim’s loss.

Which Losses Can Civil Damages Cover After a Crime?

Civil litigation can seek payment for the emotional, physical, and financial harm victims may suffer as a result of a crime. As a result, the potential losses in a civil lawsuit depend on the circumstances involved. For instance, while medical expenses and the costs of mental-health treatment are recoverable losses in many cases, they will not be recoverable losses in others.

The victims’ page for the North Carolina Crime Victim Compensation Program lists several potential losses. While these are general, they are a good starting point for victims who may be eligible to seek financial recovery after being the victim of a crime in North Carolina:

• Medical Treatment and Mental Health Costs - This is a common example of loss recovery after a crime, as victims of violent crimes often suffer substantial physical and emotional trauma and mental health needs.
• Lost Wages and Support for Dependents - If a crime prevents a victim from earning an income, loss of wages and support for the victim’s children or other dependents can be recoverable losses.
• Funeral Expenses and Residential Security Improvements - When a crime is fatal or a victim’s home is compromised, funeral costs or residential security improvements can be recoverable losses.
• Property Damage - The North Carolina program’s page lists property damage or loss as an expense it does not cover.
• Pain and Suffering - The North Carolina program’s page lists pain and suffering as an expense it does not cover.
• These examples are not exhaustive, as the losses covered in civil lawsuits depend on the specific circumstances of the case.
• When victims of crime in North Carolina pursue recovery through the civil litigation system, these are only some of the types of financial losses they are potentially eligible to recover.
• The losses that crime victims can seek to recover through civil litigation are vastly different from those that are eligible to be covered by the crime victim compensation program.
• While a victim’s costs of medical treatment, mental health, and lost wages may be eligible for reimbursement through the North Carolina crime victim compensation program, a civil lawsuit offers more expansive coverage, allowing victims to seek payment for an even broader range of losses from the individual or entity responsible for their loss.

Todd Spodek cross-examined Alec Baldwin at the 2013 stalking trial in Manhattan.

Who Besides the Perpetrator Can a Civil Lawsuit Pursue?

When pursuing a civil claim for the harm committed in a criminal case, the investigation will focus not only on the perpetrator. While the investigation may uncover the perpetrator’s insurance policies and available assets, the inquiry will go further. In some cases, it may be clear that the perpetrator doesn’t have the financial means to make victims whole, so pursuing a claim against the perpetrator alone may not make sense. In other cases, perpetrators may be affluent, but it may also make sense to target other potential defendants who are also legally responsible for the harm. These other defendants could include a business or individual, a parent, a daycare, school, or employer, a government agency, or even a political body or nation.

For instance, if a crime occurred at a business, the victim’s civil claim may target the business for allowing the act to occur. If the business was accused of providing negligent security at the scene, the victim’s civil attorney could argue that the business failed in its duty to maintain safe premises. As a result, in some cases, this can establish the business’s legal liability to the victim for the harm. For example, a business might be liable for failing to:

• Install appropriate lighting
• Install appropriate locks and/or security cameras
• Install appropriate fencing
• Install appropriate security gates
• Install appropriate security patrols

Another civil claim might seek compensation from a defendant’s employer. The inquiry would examine whether the employer negligently enabled the perpetrator’s conduct, making them legally responsible for the victim’s injuries. For example, if a victim’s injuries occurred while at a daycare, the child’s parents might have a potential claim against the daycare. While the daycare owner or superintendent could be targeted directly, the daycare’s board of directors, insurance company, or corporate parent could also be responsible. The daycare could be held responsible for:

• Negligently hiring a repeat offender or another individual with a criminal record
• Hiring a repeat offender or another individual with a criminal record when that person was not properly screened
• Failing to supervise employees adequately or
• Failing to supervise employees who have a history of recidivism
• Negligently assigning a repeat offender to work in a daycare setting, or other similar failures.

The specific facts of the case will dictate the theory of the victim’s civil lawsuit and who needs to be targeted in the civil suit.

When Can a Civil Case Move Before the Criminal Case Ends?

The text on the victims’ page for the North Carolina Crime Victim Compensation Program explains that when victims of crime file civil lawsuits in the state’s civil court system, their lawsuits do not always have to wait until the criminal cases involving their injuries are resolved. A general description of the sequence of events in a criminal case includes:

• Investigation
• Prosecution
• Trial
• Conviction or acquittal
• Sentencing
• Punishment

Once a person is convicted, sentencing generally follows, and punishment may begin when the sentence is imposed, although an appeal or stay can affect when it is carried out. In a criminal case, victims may be called as witnesses to help provide evidence for a conviction. In the victim’s civil lawsuit, the victim serves as the plaintiff. With criminal cases in some cases being extremely complex and involving various appeals, it can be months or years before victims have access to punishment, and, in some instances, closure.

The North Carolina page also discusses civil lawsuits under 42 U.S.C. § 1983, which are used to seek damages against government actors who engage in constitutional violations against American citizens and legal residents. Examples of government actors who may, subject to state-action and immunity doctrines, be sued under § 1983 include certain state or local law-enforcement officers, jailers, and other state or local actors.

The Missouri-focused page for victims of serious crimes also discusses qualified immunity and sovereign immunity as a primary litigation issue. As noted, these claims present an additional layer of complexity in a civil lawsuit, and they raise questions about the defendant’s ability to be held responsible for their actions and/or their ability to be sued in their individual or official capacity. The Missouri-focused page explains that in order to preserve the ability to seek just compensation, victims must work closely with experienced attorneys who have a thorough understanding of all the potential defenses in these cases.

Talk to Spodek Law Group

Every case turns on its own facts, and general information is no substitute for advice about yours. Todd Spodek, managing partner of Spodek Law Group, and the firm's attorneys defend federal criminal and white collar matters nationwide. Reach the firm at 888 348 8028.