Crime Victim Compensation?

Question

I am finishing paperwork for a Crime Victim Compensation form. Due to the murder of my brother in Wisconsin.

The expenses claimed thus far are:

*Funeral/burial costs
*Travel expenses
*Cleaning brother's house and ridding of his household furnishings, etc
*Medical expenses for my 85 y/o mother, she was unable to attend wake or funeral due to her sudden hospitalization resulting from his death.
*Emotional damage
*Lost wages

Anyone think of anything else that I can add to the expense report? Am at a loss of what else to add.

Answer 1

949.06 Computation of award. (1) In accordance with this chapter, the department shall make awards, as appropriate, for any of the following economic losses incurred as a direct result of an injury:

(a) Medical treatment.

(b) Work loss, which shall be determined as follows:

1. If the victim was employed at the time of the injury, loss of actual earnings shall be based upon the victim's net salary at the time of the injury.

2. If the victim was not employed at the time of the injury or, if as a direct result of the injury, the victim suffered a disability causing a loss of potential earnings, the award may be based upon a sufficient showing by the victim that he or she actually incurred loss of earnings. The amount of the award shall be reduced by any income from substitute work actually performed by the victim or by income the victim would have earned in available appropriate substitute work the victim was capable of performing, but unreasonably failed to undertake.

(bm) If the victim is a homemaker, an amount sufficient to ensure that the duties and responsibilities are continued until the victim is able to resume the performance of the duties, or until the cost of services reaches the maximum allowable under sub. (2), whichever is less.

(c) Reasonable replacement value of any clothing and bedding that is held for evidentiary purposes, but not to exceed $300.

(cm) Reasonable replacement value for property, other than clothing and bedding under par. (c), that is held for evidentiary purposes and is rendered unusable as a result of crime laboratory testing, but not to exceed $200.

(d) Reasonable funeral and burial expenses, not to exceed $2,000. The funeral and burial award may not be considered by the department under sub. (2).

(e) Dependent's economic loss, which shall include contributions of things of economic value provided by the victim to dependents but lost as a result of the victim's death. Loss of support shall be determined on the basis of the victim's net salary at the time of death, and shall be calculated as an amount equal to 4 times the victim's average annual earnings.

(f) Reasonable and necessary costs associated with securing and cleaning up a crime scene, not to exceed $1,000.

(1m) (a) In this subsection, "family member" means any spouse, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, foster child, treatment foster child, brother, sister, half brother, half sister, aunt, uncle, nephew, niece, or parent or sibling of spouse.

(b) In accordance with this chapter, the department shall make awards, as appropriate, to persons who, immediately prior to the crime, lived in the same household with and to family members of a victim of s. 940.01, 940.02, 940.05, 940.06, 940.07, 940.08 or 940.09 for any of the economic losses specified in sub. (1) as a result of the person's or family member's reaction to the death. A dependent may recover both under sub. (1) and this subsection, subject to the limitation under sub. (2).

(2) The department may not make an award of more than $40,000 for any one injury or death.

(3) Any award made under this section shall be reduced by the amount of any payment received, or to be received, as a result of the injury or death:

(a) From, or on behalf of, the person who committed the crime.

(b) From insurance payments or program, including worker's compensation and unemployment compensation.

(c) From public funds.

(d) As an emergency award under s. 949.10.

(e) From one or more 3rd parties held liable for the offender's acts.

(4) (a) An award may be made whether or not any person is prosecuted or convicted of any offense arising out of such act or omission.

(b) The department may suspend proceedings under this chapter for a period it deems appropriate on the grounds that a prosecution for an offense arising out of the act or omission has been commenced or is imminent.

(5) (a) Except as provided in pars. (b) to (e), the department shall make awards under this section from the appropriations under s. 20.455 (5) (b), (j) and (m).

(b) The department shall pay any portion of an award under this section from the appropriation under s. 20.455 (5) (m) if the portion of the award meets any of the following criteria:

1. Any amount for payment for work loss under sub. (1) (b) which exceeds the limits prescribed in s. 102.11.

2. Any amount for payment for reasonable replacement value of any clothing and bedding under sub. (1) (c) which exceeds $100.

3. Any amount for payment for reasonable replacement value of other property under sub. (1) (cm).

4. Any amount for payment of reasonable funeral and burial expenses under sub. (1) (d) which exceeds $2,000.

5. Any amount for reasonable and necessary costs associated with securing and cleaning up a crime scene under sub. (1) (f).

(c) The department shall pay any portion of an award under this section from the appropriation under s. 20.455 (5) (m) which exceeds $10,000. In calculating the portion which exceeds $10,000, the department shall exclude all payments under sub. (1) (d) and any payments from the appropriation under s. 20.455 (5) (m) required under par. (b) 1., 2., 3. or 5.

(d) Notwithstanding pars. (b) and (c), the department shall pay any award under sub. (1m) from the appropriation under s. 20.455 (5) (m).

(e) The department shall make payments from the appropriation under s. 20.455 (5) (m) in accordance with pars. (b) to (d). Notwithstanding any other provision of this section, the department shall make payments from s. 20.455 (5) (m) to the extent that moneys are available and in accordance with rules promulgated under s. 949.02.

History: 1975 c. 344, 421; 1977 c. 239; 1979 c. 198; 1981 c. 20, 314; 1985 a. 242; 1987 a. 27; 1993 a. 16, 446.

Sorry

Answer 2

1

Answer 3

His companionship and the loss of lifetime wages and the contribution to society he would have made multiplied by the number of years of an average lifespan.