Haw. Code R. § 23-604-4 - Victim claims: eligibility for compensation

(a) Compensation may be paid to those persons identified in subsection (b) when any private citizen is injured or killed by an act or omission of any person coming within the criminal jurisdiction of this state or when the resident of this State is injured or killed in a state without a crime compensation law or victims of Federal crimes occurring within the State.

(b) The following persons are eligible to apply for compensation for loss or injury resulting from the commission of a covered crime:

(1) Any victim, or if the victim is a child or incompetent, a parent or authorized guardian of the child or incompetent or such other person authorized to administer the estate

(2) Any person financially responsible for the maintenance of the victim who has suffered pecuniary loss or incurred expenses as a result of the victim's injury or death;

(3) In the event of death of the victim, any one or more of the dependents of the deceased victim; and

(4) A parent of an adult deceased victim or an adult son or daughter of a deceased victim, where the parent or adult son or daughter has incurred expenses as a result of the victim's death.

(c) Covered crimes are crimes for which compensation will be paid in accordance with section 351-32, Hawaii Revised Statutes.

(d) The applicant who makes a claim on behalf of dependents must have legal custody of the dependents or be otherwise legally authorized to act on the dependent's behalf. The commission may require proof of such authority.

(e) An order for compensation may be made whether or not any person is prosecuted for or convicted of a crime as set forth in section 351-32, Hawaii Revised Statutes, provided that an arrest has been made or the crime has been reported to the police without undue delay.

(f) Compensation may be awarded for:

(1) Medical expenses;

(2) Loss of support or earnings;

(3) Attorneys fees;

(4) Funeral and burial expenses,; and

(5) Pain and suffering.

Notes

Haw. Code R. § 23-604-4

[Eff SEP 03 1994] (Auth: HRS § 351-68) (Imp: HRS § 351-38)