Louisiana Revised Statutes 46:1855 – Victim’s notice of intent to file a claim
Terms Used In Louisiana Revised Statutes 46:1855
- Board: means the Crime Victims Reparations Board provided for by Chapter 21 of this Title. See Louisiana Revised Statutes 46:1851
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means an offender who has been convicted of a capital offense and sentenced to death in accordance with the provisions of La. See Louisiana Revised Statutes 46:1851
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Victim: means any person who suffers death, injury, or catastrophic property damage as a result of the defendant's crime, or any person who is otherwise eligible to have a judgment or reparations award satisfied from a defendant's escrow account as provided for by this Chapter, or any legal representative thereof, but does not include any person denied eligibility for a reparations award by Chapter 21 of this Title. See Louisiana Revised Statutes 46:1851
A. A victim of the defendant‘s crime shall register with the treasurer a notice of intent to file a claim against the defendant‘s escrow account pursuant to a judgment, a pending lawsuit, a prospective lawsuit, or a reparations award by the board, within one year after establishment of the escrow account.
B. A failure to comply with the requirement of this Section shall forfeit the rights of the victim to the escrow account as against other victims who have filed claims, but shall not bar a claim against the escrow account filed within two years of the establishment of such account.
C. No payments to victims shall be made until the time limit for filing a notice has expired or it is established that all victims have filed their notices, whichever is sooner.
Acts 2012, No. 799, §3, eff. June 13, 2012.