Being a victim of a crime is devastating and can leave long-lasting trauma onto victims. Furthermore, this far beyond physical injuries and infliction onto the person. In doing so, the aftermath of the crime in questions leaves a tremendous impact on its victims that may even potentially have irreversible damages. These type can be one of many cases such as emotional distress, financial burden and a complete disruption of your everyday life. On a better note, here in California recognizes the major impact of crime on its residents.
Additionally, it has made the California Victim Compensation Board (CalVCB). As a result, this will provide financial assistance to victims and their families, upon eligibility. Here at KAASS LAW, while serving communities across California, we are also dedicated to informing victims about their rights and helping them navigate the process of seeking compensation to aid in their recovery. The following will further explain the acts of a criminal offense, what CA has provided for the victims in need, and how KAASS LAW can help!
Understanding the Scope of Victim Compensation
The CalVCB provides reimbursement for a range of crime-related expenses, offering a crucial lifeline to those who have suffered harm. It’s important to understand that this program is not in the intent to replace insurance or provide full restitution from the offender, but rather to help victims cover essential costs incurred as a direct result of the crime. California Code, Penal Code§ 273.5 further expands the definition of punishment if someone committed a criminal offense.
Can an Injured Person Seek Compensation for Damages?
When someone commits a crime, not only could they subject themselves to punishment by the state, but they are also liable to pay for any damage that they may have caused to a victim and their property. “Damages” refer to harm that may have been done in the form of:
- Bodily injuries
- Damage to property
- Emotional distress
- Pain and suffering
When looking to be compensated for damages, a plaintiff must prove that the criminal was acting negligently and also that the damage was caused by the negligent actions.
What Are Some Common Examples of Crimes That Result in Injuries?
Below is a list of crimes that typically result in extensive damages to victims:
- Driving while intoxicated
- Assault
- Battery
- Crimes involving firearms and weapons
- Sex Crimes
- Murder, torture, and extreme acts of violence
What are Defenses that a Criminal Will Use to Protect Themself from Paying for Damages Caused to a Victim?
Even if a crime was committed and police choose to convict the criminal, this does not always guarantee liability for all damages claimed. Below are the 2 most commonly used defenses from criminals:
- The crime was not the cause of the damages in question
- The estimate for compensation of damages is excessive
First, it may be the case that the damages were not actually a result of the crime committed. It is not enough to merely show that a crime and damages took place, you must also show that the crime was the cause of them. Let’s apply this to example 1:
It is also a possibility that the criminal does not completely deny responsibility for damages, but claims that the damages in question are excessive.
The Role of Legal Counsel in Seeking Victim Compensation
While victims can apply for compensation on their own, having experienced legal counsel can significantly ease the burden and increase the likelihood of a successful outcome. At KAASS LAW, our attorneys can assist victims of crime in California by:
- Evaluating Eligibility: Determining if you meet the criteria for compensation under CalVCB guidelines.
- Guiding the Application Process: Helping you gather the necessary documentation and complete the application accurately and efficiently.
- Communicating with CalVCB: Acting as your advocate and liaison with the California Victim Compensation Board.
- Addressing Denials and Appeals: Assisting with the process of appealing denied claims.
- Exploring All Legal Options: Advising you on any additional legal avenues for seeking justice and compensation.
Contact Us
The California Victim Compensation Board serves as a vital resource for those who have been harmed by crime. Understanding your rights and the availability of compensation can be a crucial step in the healing process. At KAASS LAW, we are committed to empowering victims of crime by providing them with the information and legal support they need to navigate the path to recovery and seek the justice they deserve.
If you or someone you know has been a victim of a crime in California, please reach out to us for a confidential consultation. We are here to help you find a path forward. We understand the loss of someone’s integrity, security, or even their well-being. Sometimes the injuries cut deeper than the injury itself. Allow us to be your voice and attempt to go after the ones that did you wrong. Contact us if you are seeking legal help and or representation.