Introduction
Who many apply for money from this fund?
What expenses does this fund cover?
Who cannot receive money from this fund?
What crimes or injuries are not covered?
How much money can I receive?
How do I request this money?
What if I need help and cannot afford an attorney?
Important points to remember  

Introduction  

If you have been the victim of a crime, the state of Tennessee can help pay for your expenses. If you are the dependent of someone who died as a result of a crime, you may receive money from the state. This fund may also help you if you paid for the funeral and burial expenses of a victim of crime.  

This fund is called the Tennessee State Criminal Injuries Compensation Fund. This page describes who can apply for money and how you apply. If you have more questions, contact the District Attorney General's office or your local legal services office.  

Who may apply for money from this fund?

Victims. You may apply if:

• You have been a victim of a crime and you suffered a personal injury. 
• You were injured trying to stop a crime. 
• You were injured trying to catch a criminal you saw commit a felony. Felonies are serious crimes. If you don't know if the crime was a felony, ask the District Attorney General or police. 
• Dependents. You may apply if you are a dependent of a victim who died as the result of a crime. A dependent is a relative who relies on another person for money or support. Children are dependents of their parents. Sometimes a husband or wife is a dependent of his or her spouse. 
• Legal Representatives. You may apply if you are a legal representative who helps with a victim's estate. For example, if you paid funeral and burial expenses of a victim of crime, you may apply. 
• Persons Responsible for the Maintenance of the Victim. You may apply for compensation for your expenses for taking care of an injured victim if you are a person who is responsible for the care of the victim. 
• Family Members. A member of the victim's family who provided substantial support or needed services to the victim may apply for expenses for grief counseling. The victim must have been killed and must have been a family member who was unmarried and under 24 years old. 

What expenses does this fund cover?

You may receive money to help pay for:

• Hospital bills, doctors bills, and medicine bills. 
• Lost wages from work missed because of injuries. 
• The cost of injuries that caused permanent disabilities (total or partial). 
• Loss of life. (If you are a dependent of a victim who died as a result of a crime.) 
• Pain and suffering. If the crime was rape or another sexual crime, you may receive money for pain and suffering. 

Who cannot receive money from this fund?

• Victims who have already received money from other sources. If medical insurance, Medicaid/ Medicare, family, workers compensation, Social Security or other sources have already paid expenses, you may not get more money from this fund unless the money you already received did not cover all of your expenses. 
• Victims of crimes committed by people who might benefit from this money. If a crime is committed by one family member against another family member, the victim will not receive money if it might benefit the person who committed the crime. Money can only benefit the victim. 
• Victims who helped commit the crime in anyway. This fund helps only innocent victims of crime. This fund will not cover people who are injured while helping to commit a crime 
• Victims who do not report the crime or who do not help the police and the District Attorney General prosecute the offender. You must report the crime to the police within 48 hours to be able to receive money, unless you can show "good cause" for not reporting. Good cause means that you were physically unable to report the crime or that the victim was a child who did not tell anyone about the crime immediately. 
• You must also help the police or the District Attorney General with their investigation and prosecution of the crime. This fund will not help anyone who refuses to cooperate with investigators. 
• Victims who did not lose at least two weeks wages or suffer at least $100 out-of-pocket expenses. 

What crimes or injuries are not covered?

• Property Damage. You must be injured personally to receive money from this fund. It does not cover damage to your property. 
• Some crimes involving a car or boat. If you were injured by someone driving a car or boat, you may receive money from this fund only if the driver injured you intentionally or was under the influence of drugs or alcohol. 

How much money can I receive?

• Usually the most a victim can receive is $12,000. 
• If the victim died, the legal representative or responsible party for the funeral and burial expenses can receive up to $4,500 for expenses. 
• If the crime was rape or another sexual crime, the most that you can get for pain and suffering is $3,000. (plus counseling)
• For a homicide case, up to $1,500 is available for clean-up expenses.

How do I request this money?

You must file a claim with the Division of Claims Administration within one year after the crime happened or within one year after the victim died. Claim forms are available from District Attorney General offices. The form, instructions, and questions & answers are also available on-line from the State of Tennessee web site. The form has two separate parts:

1. Application for Criminal Injuries Compensation; and 
2. Criminal Injuries Compensation Application Subrogation Agreement.

You must fill out both parts and have them both notarized. You must mail this form to the Tennessee Department of the Treasury, Division of Claims Administration. The address is on the form.  

The form asks about the crime and your injuries. It also asks about your expenses.  

You must have written documentation of your expenses. Written documentation means copies of bills from doctors, hospitals, drugstores, funeral homes and itemized receipts for other services that you needed.  

No award will be made unless you have had a minimum out-of-pocket loss of $100 or you have lost at least two weeks wages due to the injury. Your employer must provide written documentation of your lost wages.  

The form asks you if any of your expenses were paid by medical insurance, Medicaid, Medicare, workers compensation, Social Security, the Veterans Administration or other sources. You must agree to subrogate the State of Tennessee if you receive payments from this fund and from another source. Subrogate means that if you receive a payment from this fund, you will pay back to the state any money for expenses that you receive from other sources.  

You must agree to cooperate with state officials if they sue the person who hurt you. If you receive money from the fund and you decide to sue the person who hurt you, you must keep the District Attorney General and the Division of Claims informed of the suit. You must send a copy of all court documents to the District Attorney General and the Division of Claims.  

You can fill out the form by yourself or get a lawyer to help you. The fund will pay an attorney's fee without subtracting it from any benefit awarded you.  

What happens next?  The Division of Claims will review your form and will ask the District Attorney General to submit a report about the crime. The Division will try to make a decision within 90 days. However, the decision may be delayed if a trial concerning the criminal act is in progress or about to start. If this happens, the claim may be transferred to the Claims Commission.  

The Division may make an emergency payment of up to $500 if a delay would cause you undue hardship. (This is handled on a case by case basis and depends on the victim's circumstances.)  

Important -- If you are filing a claim for your child who was a victim of a crime and you receive AFDC PAYMENTS, the money you receive from this fund may be counted as income and may reduce your AFDC payments. Any compensation paid to a minor victim is paid through the Juvenile Court.

What if I need help and can not afford an attorney?

If you need help, contact the Division of Claims Administration. They will help you over the telephone.  Legal services offices may also be helpful, but they cannot handle all requests for assistance. If you need legal help, you may contact a private attorney. The fund will pay reasonable attorney's fees, and the attorney's fees do not reduce your benefits. 

Important points to remember

• The person who hurt you does not have to be caught, tried in court or found guilty for you to receive money from this fund. You do not have to prove who hurt you. 
• Report a crime to the police immediately. You must file a report within 48 hours to be able to receive money from this fund. If you can show "good cause" for not reporting, you will still be allowed to file a claim. It is always best to report crimes immediately. 
• Cooperate with the police and the District Attorney General if they charge the person who hurt you. You must cooperate to receive money from this fund. 
• Keep copies of all papers -- bills, receipts and medical reports. Keep all records that show the costs and damage you suffered from the crime. 
• We need help. You can get more information about the Criminal Injuries Compensation Fund by writing or calling: 

  Division of Claims Administration, 11th Floor
  Andrew Jackson Building
  Nashville, Tennessee 37243-0243 
  615-741-2734

  NOTE: If you are the victim of a crime, you may seek payment directly from the person who hurt you. Victims of child or spouse abuse and other violent crimes should talk with a lawyer about suing for damages. Even if the offender does not have money to pay now, they may have money later. A court may require a convicted defendant to pay the victim for damages.