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Civil Justice for Victims of Crime in Alabama

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Civil Justice for Victims of Crime in Alabama This booklet was published with the generous support of Greg Reeves Gregory Zarzaur The Reeves Law Firm Zarzaur Mujumdar & Decatur, Alabama Debrosse - Trial Lawyers Birmingham, Alabama Civil Justice for Victims of Crime in Alabama For referrals to an attorney or more information, please call the National Crime Victim Bar Association at (202) 467-8716 or toll free at (844) LAW- HELP is an affiliate of: 2000 M Street, NW, Suite 480 Washington, DC 20036 202-467-8753 [email protected] • www.victimbar.org ©2017 National Center for Victims of Crime Printing 05/17, 14M CIVIL JUSTICE FOR VICTIMS OF CRIME IN ALABAMA C1 Civil Justice for Table of Contents Victims of Crime I. Purpose of This Booklet ............................................2 II. Victims’ Financial Losses and in Alabama Potential Sources of Compensation .......................2 III. Why File a Civil Lawsuit? ..........................................4 IV. Civil vs. Criminal Justice ..........................................5 V. Parties in a Civil Suit ................................................8 The National Crime Victim Bar Association 2000 M Street, Suite 480 VI. Statutes of Limitations .............................................9 Washington, DC 20036 VII. Types of Civil Lawsuits ............................................10 (202)467-8753 VIII. Victim Privacy .........................................................11 [email protected] www.victimbar.org IX. Filing a Civil Lawsuit ..............................................11 X. Discovery ..................................................................12 XI. Trial ...........................................................................13 The National Crime Victim Bar Association is an affiliate of the XII. Damages ...................................................................13 National Center for Victims of Crime, a 501(c)(3) not-for-profit XIII. Judgment and Enforcement ...................................13 corporation. XIV. When a Perpetrator Sues a Victim ........................13 XV. About Lawyers..........................................................14 XVI. Conclusion ................................................................15 DISCLAIMER The information contained in this booklet is not provided for the purposes of rendering legal advice or authority. The National Center for Victims of Crime and the National Crime Victim Bar Association specifically disclaim any liability, loss, or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this publication. ©2017 National Center for Victims of Crime C2 CIVIL JUSTICE FOR VICTIMS OF CRIME IN ALABAMA 1 I. Purpose of This Booklet expenses to be eligible for reimbursement, they must be related to the crime. Expenses that are covered include Every crime victim has the right to file a civil lawsuit medical and dental care, prescriptions, psychiatric seeking financial compensation from the perpetrator care and counseling, rehabilitation, moving expenses, or from other parties whose unreasonable conduct gave travel expenses, limited property reimbursement, future rise to conditions which allowed the crime to occur. The economic loss, lost wages, and funerals. The Commission purpose of this handbook is to provide victims and service does not provide compensation for pain and suffering. providers with a basic understanding of the civil justice The maximum crime victims’ compensation award is system so that victims might consider this important $20,000. option and know where to turn for help. The following eligibility requirements must be met: II. Victims’ Financial Losses ■■The victim suffered serious personal injury or death and Potential Sources of as a result of a criminal act. ■■The crime was reported to law enforcement within Compensation seventy-two hours (unless good cause can be shown Almost nineteen million Americans are victimized by for not doing so). crime each year. The consequences of crime frequently ■■The claim is filed within one year of the date of the extend far beyond the criminal act. All too often, victims incident (unless good cause can be shown for not are left with expenses for medical procedures, physical doing so). rehabilitation, counseling, lost wages, and property damage. It has been estimated that crime costs society ■■The victim/claimant cooperated with law $450 billion annually. enforcement and the Commission. ■■The claimant/victim was not the offender, or an Restitution accomplice of the offender, or encouraged or Under Alabama law, a court may order a defendant who participated in the crime in any way. is convicted in a criminal case to financially compensate a victim through restitution for injuries as a result of the ■■The compensation award would not unjustly benefit crime. The court may require the restitution to be paid the offender. by a certain date, or paid in installments over a certain ■■The victim/claimant was not convicted of a felony period of time. The restitution payment can be made a after applying for compensation benefits and/or did condition of parole or probation for the perpetrator. The not perpetrate criminally injurious conduct after judgment remains until the restitution is satisfied, and applying for compensation benefits. the court clerk is required to notify the victim at the victim’s address of record of the status of the restitution ■■The victim/claimant did not contribute to the if there is a change due to revocation of probation. In victimization. any civil action brought by a victim against the defendant ■■The victim’s/claimant’s presence in the United States for damages arising out of the offense for which the of America is lawful or he/she is an alien eligible for defendant was convicted, all restitution paid by the public benefits. defendant to the victim will be credited against any ■■The victim’s expenses were not paid by a collateral judgment in the civil case. source (another source of payment). Crime Victims Compensation The application is date stamped and assigned to a crime The compensation awarded by the Alabama Crime victims’ specialist for an eligibility investigation. For Victims’ Compensation Commission to eligible victims claims $2,000 and under, the Commission’s Executive of violent crime is for economic loss arising from serious Director determines eligibility. For claims over $2,000, personal injury or death. This includes psychological the three-member Commission determines eligibility at injury as the result of a face-to-face threat of physical the monthly Commission meeting. If an application is not injury. The Commission can provide payment or approved, or approved in a modified form, the claimant reimbursement for qualified, actual expenses. In order for may appeal the decision by requesting an appeal hearing 2 THE NATIONAL CRIME VICTIM BAR ASSOCIATION CIVIL JUSTICE FOR VICTIMS OF CRIME IN ALABAMA 3 before the Commission. If the claimant disagrees with the ■■Crime Prevention - In addition to suing perpetrators, Commission’s decision after the appeal hearing, the claim victims can often sue other responsible parties. may be appealed to circuit court. Civil actions provide economic incentives for crime Alabama law requires a crime victims’ compensation prevention. Businesses such as hotels, apartments, claimant to reimburse the Commission if he/she receives and shopping centers sometimes fail to enact payment from a collateral source as a result of this proper security measures because they view such crime. For example, if a claimant receives an insurance expenses as unnecessary. When businesses are payment/settlement, restitution payment(s) from the held accountable for safety lapses, proper security offender, a civil suit judgment/settlement, or any other becomes cheaper than the cost of defending lawsuits. funds as a result of the crime, he/she must notify the Crime victims’ civil suits have resulted in increased Commission. security protection in public places, better oversight and supervision of daycare facilities, and countless Contact Information: other improvements. Alabama Crime Victims’ Compensation Commission 5845 Carmichael Dr. IV. Civil Versus Criminal Justice PO Box 231267 A significant difference between the criminal and civil Montgomery, AL 36123-1267 court systems is that in a civil case, the victim controls (334) 290-4420 essential decisions shaping the case. It is the victim who (334) 290-4455 FAX decides whether to sue, accept a settlement offer, or go 800-541-9388 (For Victims Only) to trial. [email protected] (email) Civil Actions May Help Where Restitution and State The Criminal Justice System The criminal justice process begins after a crime has Compensation Cannot been committed and reported to law enforcement. If an Both restitution and compensation, alone, often do not arrest has been made and charges have been filed, the cover a victim’s full economic losses, nor hard-to-quantify offender may be prosecuted. In a criminal prosecution, damages such as pain and suffering. A civil lawsuit may the crime is considered “a crime against the state.” The provide more complete compensation to a victim. victim’s role is primarily defined as a witness for the prosecution. Although the prosecuting attorney may be III. Why File a Civil Suit very helpful to the victim and the victim’s family, the Some of the benefits of civil actions may include: prosecutor’s primary responsibility is to represent the interests of the state, not the victim. ■■Control
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