Can You Recover Compensation If You Were the Victim of a Crime in Ohio? | Kisling, Nestico & Redick
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When you attend certain places of business, such as nightclubs or bars, you should be able to trust that you are safe.
Written by
KNR Legal
Date posted
November 21, 2022

However, when these businesses fail to take necessary safety precautions, such as installing proper lighting, hiring security, utilizing security cameras, and taking other safety steps, they may be held accountable if you suffer injuries and trauma related to a criminal offense.

If you were the victim of a crime in Ohio, you might have the right to compensation for your damages.

Your Rights as a Crime Victim

As the victim of a crime in the state of Ohio, you have specific rights. First and foremost, you have the right to be informed about certain changes to your case. These changes might include the following:

  • The person who harmed you being arrested
  • The person who harmed you is being arraigned
  • When the defendant has a bail hearing
  • When there are pre-trial proceedings in your case
  • If the defendant has their charges dismissed
  • If the defendant is being offered a plea agreement
  • When the defendant’s trial is going to take place
  • What the defendant’s sentence is if convicted
  • Whether the defendant is going to appeal a conviction
  • Whether the defendant has been placed on probation or parole
  • Whether the defendant has been released or escaped from police custody

However, you also have other rights. For example, you have the right to be protected from the defendant by police, you have the right to give a victim impact statement when the defendant is being sentenced if convicted, and the right to restitution from the defendant when they are convicted of the criminal offense in question.

Victims of criminal offenses also have the right to privacy. This means you could refuse discovery requests, depositions, or interview requests. Depending on the crime you experienced, you may also have the right to request that the details of your case not be made public.

Who’s Eligible for Compensation After a Criminal Incident?

After a crime has been committed, you may not know whether you are eligible for compensation for your damages. However, if you meet the following requirements, you may qualify:

  • You must have reported the crime
  • You must cooperate with law enforcement requests
  • You must not have been committing a crime at the time of the offense
  • You must have suffered damages that were not covered by other sources

Generally, anyone who assumes financial responsibility for the victim of a crime or has been a victim of a crime themselves may qualify for compensation for their suffering.

Additionally, suppose an individual passed away due to injuries sustained during a criminal offense. In that case, the decedent’s surviving family members or another financially responsible party may be able to file a wrongful death action.

What Crimes Could You Recover Compensation for?

Various criminal offenses could result in victims qualifying for compensation for their suffering. Criminal offenses also occur in many different locations.

There’s often an increase in injuries in certain places of business, including banks, nightclubs, parking garages, bars, sports venues, shopping malls, hotels, schools, and movie theaters.

The types of crimes you may recover compensation for include, but are not limited to, the following:

  • Human trafficking
  • Drunk driving
  • Rape
  • Sexual abuse
  • Homicide
  • Child neglect and abuse
  • Domestic violence
  • Menacing and stalking
  • Assault
  • Fleeing a felony
  • Hit and run
  • Vehicular assault

What Compensation Could You Recover & How Much?

You have the right to seek compensation for every financial loss you have experienced due to the criminal offense. The types of expenses you could be reimbursed for include the following:

  • Mental health counseling
  • Healthcare
  • Funeral and burial
  • Loss of income
  • Loss of financial support
  • Crisis intervention
  • Insurance deductibles
  • Emergency housing
  • Transportation costs
  • Crime scene cleanup
  • Vehicle repairs
  • Costs of personal items that were held by law enforcement as evidence in an investigation
  • Sexual Assault Forensic Examination evaluations and antibiotics
  • Any out-of-pocket expenses paid by the parents or guardians of child victims

Are There Any Limits to What You Can Recover?

There are some limits to the amount and type of compensation you can seek when you have been the victim of a crime. These limits include the following:

  • You should not expect to be compensated for any of your non-economic damages, including your pain and suffering, emotional distress, disfigurement, and other personal psychological distress
  • You are unable to receive compensation for any value of lost, damaged, or stolen property
  • You cannot receive compensation if your damages were payable through other sources, such as a workers’ compensation claim

Furthermore, your claim must be filed before the statute of limitations expires. According to the law, your application for benefits through the Ohio Victims of Crime Compensation Program (OVCCP) must be filed within three years of the date of the criminal offense in question. If you don’t file your application before this deadline, you lose your opportunity to obtain restitution through the OVCCP.

Any losses not recovered through the OVCCP may be recouped when you file a claim with the insurance company or pursue a civil lawsuit against the person responsible for causing your damages.

Get Help from an Ohio Personal Injury Lawyer Today

Hold negligent businesses and other liable parties accountable for their actions when you are the victim of a crime. Fortunately, with help from an Ohio personal injury lawyer at Kisling, Nestico & Redick, you could access the compensation and other benefits that are rightfully yours.

Do not hesitate to contact our team for a free consultation to learn more about filing a claim against a negligent third party. Fill out our online contact form or call us at 1-800-HURT-NOW to get started today.