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Louisiana Crime Victims Reparations and Compensation

Valek Sykes • Nov 15, 2023

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Louisiana crime victims reparations

After a crime it can be extremely difficult to know what to do next. That's why Exit Biohazard and Crime Scene Cleanup exists. EXIT stands for EXtreme Incident and Trauma and that's exactly what we deal with each day. Death , suicide , accidents, and Crimes are the incidents that we clean up after. Often the police leave and the victims family or friends are confused on what to do next. Often the detectives or coroner will give out our name to let the family know that there is help out there when it comes to the cleaning aspect of such an incident but sometimes they don't and families are left to figure out what to do next.


Most of our calls are to answer questions in these situations and we do. Its not something that most people have to deal with. One of the issues that comes up often is who cleans up after these incidents. Its left to the family or property owner to clean up after the situation and its obviously an overwhelming task, which is why we do what we do for people so that they don't have to.  Some incidents are covered by home owners insurance but not everyone has that so it can be an unexpected bill to hire a crime scene cleanup company.


If this is a death due to a crime, one things we like to tell our clients about is the Crime Victims Reparations Board. In Louisiana, we have some help with paying for our services for a crime scene cleanup. The Crime Victims Reparations Board is part of the criminal justice system and they may be able to help pay for our services as well as some other services. Here are some of the requirements:


Residency

The crime must occur in Louisiana or the crime must involve a Louisiana resident who becomes a victim in another state that does not have a crime victim compensation program for which the victim would be eligible.


Filing for Compensation

The application must be filed within a year of the crime unless there is a good reason why the application was not submitted within this time period.


Cooperation

The victim and/or claimant must cooperate fully with law enforcement officials in the investigation and prosecution of the case.


Who May Qualify

An innocent victim of a violent crime who suffers physical and/or emotional harm or death or catastrophic property loss.

A person who legally assumes the obligations or voluntarily pays certain expenses related to the crime on behalf of the victim.

Immediate family members needing counseling as a result of the consequence of the death of the victim.


Who is Not Eligible

A victim whose own behavior contributed to the crime (in those cases, benefits may be reduced or denied).

A victim or claimant who was engaged in illegal activity at the time of the crime.

An offender or an accomplice of the offender.

Anyone who was incarcerated in a penal institution when the crime occurred.

Victims of motor vehicle accidents except those listed below (“What Crimes are Covered”).


What Crimes Are Covered

Crimes that involve the use of force or the threat of the use of force and result in personal injury, death or catastrophic property loss, and those victims of human trafficking.

Only these motor vehicle-related crimes: DWI, Hit and Run, the victim of a driver who is fleeing apprehension by law enforcement, or a victim whose injuries were intentionally inflicted with a vehicle, are eligible.


What Expenses are Eligible

Reimbursement for property damage or loss is not an eligible expense. Approved claims may be awarded compensation for the following only if they are related to the crime (Some expenses are limited):

Reasonable medical and prescription expenses

Dental expenses

Mental health counseling

Funeral expenses

Loss of earnings or support

Child care or dependent

Crime Scene cleanup

Reasonable replacement costs for items or items were taken as evidence or made unusable as a result of the criminal investigation.

Forensic Medical Exams

Relocation Expenses


What Expenses are Not Eligible

Expenses which may not be reimbursed for any reason include:

Property losses except for a catastrophic property loss which is limited to the loss of your current residence provided it is owned and occupied by the victim/claimant.

Pain and Suffering

Property Repair

Attorney fees except when they are part of an order from a hearing or award by a court of law.


Limits on Awards

Total recovery may not exceed $15,000 unless the victim suffered total and permanent disability. Victims who suffer total permanent disability as a result of their victimization may qualify for up to $25,000.


Recoveries from Other Sources

The Crime Victims Reparations Fund is regarded as the “payer of last resort.” It is a secondary source that pays for certain out-of-pocket expenses related to the crime that the victim has no other way to pay. Other sources that have to pay first include:

  • HMO/health insurance
  • Disability insurance/life insurance
  • Vacation time, sick leave or other types of leave paid by an employer
  • Worker’s compensation benefits
  • Social security
  • Medicare or Medicaid

The staff of the Crime Victims Reparations Program will work with victims and claimants to make sure all available resources, including the fund, work in the best interest of victims.


  Call the Crime Victims Reparations Board
(225) 342-1749
Toll-free 1-888-6-VICTIM (Nationwide)

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