Who may file an application for Crime Victims' Compensation?
State law permits persons who have been emotionally and/or physically injured in a reported crime to receive certain benefits from SOVA. Individual victims, immediate family members, ortheir legal representatives can apply under their name. An agency or medical facility should not file for a victim, even if the victim is in its care or custody.
Criminal Sexual Conduct (CSC):
The Victim can file for counseling, medical, lost wages, mileage reimbursement, and medication.
The victim’s spouse and minor children can file for counseling.
Criminal Domestic Violence:
The Victim can file for counseling, medical, lost wages, mileage reimbursement, and medication.
The victim’s minor children can file for counseling.
Assaults - (all types):
The Victim can file for counseling, medical, lost wages, mileage reimbursement, and medication.
Homicide:
The parents, children, spouses, and siblings can file for counseling.
If the deceased victim is an adult, the victim’s spouse may file for medical expenses; if the deceased victim is a minor, the parents may file for medical expenses.
Who should sign the application?
The actual person filing for benefits should sign the application, if he or she is past the age of sixteen. If not, the parent with physical custody or the person who legally represents the victim must sign as the "Claimant." This should be the person who is assuming responsibility for the victim's crime related bills.
How much time do I have to file my claim with SOVA?
In order for a claim to be deemed eligible, SOVA guidelines state that the incident must be reported to law enforcement within 48 hours of the crime. Guidelines also state that the compensation claim must be filed with our office within 180 days of the crime. Both requirements can be waived if SOVA is provided an explanation as to why these time constraints were not met.
Do I automatically get paid as a crime victim?
No. When your application is sent to SOVA, eligibility is determined by the laws governing the Compensation Fund.
Other Eligibility Criteria:
- The crime must have happened in South Carolina.
- The crime must have caused physical injury or emotional trauma.
- The victim must not have been engaged in illegal activity during the incident or have contributed to his/her injury.
- The application must be submitted to SOVA within 180 days from the date of the discovery of the crime
(may be waived depending on extenuating circumstances).
Will law enforcement be involved in my claim?
Yes. Law enforcement will be contacted to confirm the facts of the case and provide additional information. Your claim cannot be processed without a copy of the law enforcement incident report.
I was the victim of a DUI auto accident and there is not enough insurance to cover my injuries.
Can SOVA help me?
Your claim will be reviewed and considered for eligibility upon receiving supportive documentation that your bills exceed the amount of the insurance settlement. Supportive documentation includes the settlement statement and copies of your bills.
What doesn’t SOVA pay?
Cannot pay for property damage, property replacement cost, crime scene clean up or “pain and suffering.”
