California Victim Compensation Program

Survivors of sexual assault may sometimes end up with more medical and other expenses, such as lost wages, than they can afford in the course of dealing with the physical and mental trauma of the abuse they suffered. Fortunately, in some cases, the California Victim Compensation Program (CalVCP) may be able to assist with the cost of medical treatment – including mental health services and dental treatment, lost wages, relocation, home security, and other expenses that a survivor cannot have covered through other means.

CalVCP is available to survivors of violent crimes in California, including, domestic abuse, child abuse, sexual assault, and stalking. If a person was involved in the crime and also a victim, he or she cannot receive compensation under CalVCP. Additionally, the person must have been a resident of California at the time the crime was committed. The money for the program comes from fines and fees levied against criminal defendants once they are convicted and sentenced, as well as from federal funding.

There are limits to the kind of assistance CalVCP can provide. Reimbursement for personal property losses, for expenses related to prosecuting the perpetrator of the violent crime, and compensation for pain and suffering are excluded. Additionally, even when expenses are covered, they may only be up to a certain amount. Anyone seeking to make a claim against CalVCP must also make a timely filing, and filing late for payments that were not yet made could lead to being denied assistance.

Any expenses covered by insurance or other sources, including civil lawsuits against the perpetrator of the crime, are not reimbursable, except for the cost of the deductible. If a person receives assistance from the program, and is later awarded a settlement or judgment in a civil suit based on the same incident, then he or she must repay the amount of money given by CalVCP. The attorney handling the case has an obligation to notify CalVCP of any lawsuits filed to seek compensation, and of any judgments or settlements and assist with the information necessary to facilitate CalVCP’s reimbursement. When applying for assistance, survivors agree to the reporting requirements. Failing to repay CalVCP can result in a lien against the judgment and wage garnishment until the amount owed is fully recovered.

For those who do not qualify for assistance from the California Victim Compensation Program, a civil lawsuit against the person who commit the sexual abuse or assault or an entity that is was partly responsible for the person’s conduct may be a means to seek compensation. For a free consultation, contact the dedicated Monterey County personal injury attorneys at Corsiglia, McMahon & Allard, LLP, today.

• Responsibility for Repayment of Victim Funds