Rhode Island General Laws 12-25-21. Nature of compensation
(a) The office may award compensation under this chapter for:
(1) Expenses actually and reasonably incurred as a result of the personal injury or death of the victim;
(2) Pecuniary loss to the dependents of the deceased victim;
(3) Any other pecuniary loss resulting from the personal injury or death of the victim, the amount of which the office finds upon the evidence to be reasonable and necessary;
(4) The administrator may issue a supplemental award for compensation for additional medical expenses, including psychiatric care and mental health counseling, provided that the victim provides proper documentation that the additional medical expenses have been actually and reasonably incurred as a direct result of the personal injury. The administrator shall issue a supplemental award as long as the total award does not exceed the maximum award allowable under this chapter;
(5) The administrator may issue an award for expenses related to psychiatric care and mental health counseling for a parent, spouse, sibling or child of a victim who dies as a direct result of a violent crime as defined in this chapter, provided that the parent, spouse, sibling or child provide proper documentation that the psychiatric care and mental health counseling have been actually and reasonably incurred as a direct result of the death of the victim; and
(6) The administrator may issue an award for expenses related to psychiatric care and mental health counseling for a secondary victim, provided that the secondary victim provides proper documentation that the psychiatric care and mental health counseling have been actually and reasonably incurred as a direct result of witnessing the homicide of a victim or the domestic violence incident against a victim. An award issued to a secondary victim for psychiatric care and mental health counseling shall not exceed one thousand five hundred dollars ($1,500) and shall not be paid upon a secondary victim reaching the age of eighteen (18).
Terms Used In Rhode Island General Laws 12-25-21
- Administrator: means the program administrator of this chapter. See Rhode Island General Laws 12-25-17
- Child: means an unmarried person who is under eighteen (18) years of age and includes a stepchild or an adopted child. See Rhode Island General Laws 12-25-17
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Office: means the office of the general treasurer. See Rhode Island General Laws 12-25-17
- Pecuniary loss: includes :
(i) For personal injury:
(A) Medical expenses (including psychiatric care) for which the victim is not compensated by any other source;
(B) Hospital expenses for which the victim is not compensated by any other source;
(C) Loss of past earnings for which the victim is not compensated by any other source;
(D) Loss of future earnings because of a disability resulting from the personal injury for which the victim is not compensated by any other source; and
(E) Direct expenses related to the delivery or obtainment of medical or counseling services, or participation in criminal justice proceedings. See Rhode Island General Laws 12-25-17
- Personal injury: means actual bodily harm, mental or nervous shock, and a pregnancy resulting from sexual attack. See Rhode Island General Laws 12-25-17
- Secondary victim: means a child who suffers an emotional injury as a direct result of witnessing a homicide or incident of domestic violence. See Rhode Island General Laws 12-25-17
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: includes the District of Columbia, the fifty (50) states, and the United States' territories and possessions. See Rhode Island General Laws 12-25-17
- United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
- Victim: means a person who is injured or killed by any act of a person or persons that is within the description of any of the offenses specified in § 12-25-20 and which act occurs in the state of Rhode Island. See Rhode Island General Laws 12-25-17
(b) In determining the amount of the judgment or order approving a settlement, the office shall take into consideration the rates and amounts payable for injuries and death under other statutes of this state and of the United States, and the amount of revenue in the violent crimes indemnity account and the number and nature of claims pending against it. The office shall make every effort to ensure that compensation awards are paid within six (6) months of the date of application.
History of Section.
P.L. 1996, ch. 434, § 3; P.L. 1999, ch. 125, § 2; P.L. 1999, ch. 128, § 2; P.L. 2008, ch. 125, § 1; P.L. 2008, ch. 205, § 1; P.L. 2017, ch. 110, § 1; P.L. 2017, ch. 174, § 1.