§ 24-4.1-109. Losses Compensable

1. L osses compensable under this part 1 resulting from death of or injury to a victim include:
   1. Reasonable medical and hospital expenses and expenses incurred for dentures, eyeglasses, hearing aids, or other prosthetic or medically necessary devices;
   2. L oss of earnings;
   3. Outpatient care;
   4. Homemaker and home health services;
   5. Burial expenses;
   6. Loss of support to dependents;
   7. Mental health counseling;
   8. Household support; except that household support is only available to a dependent when:
      1. The offender is accused of committing the criminally injurious conduct that is the basis of the dependent’s claim under this article;
      2. As a result of the criminal event, the offender vacated any home the offender shared with the dependent; and
      3. The dependent provides verification of dependency on the offender at the time of the criminal event.
   1. (1.5) (a) Losses compensable under this part 1 resulting from property damage include:
      1. 1. Repair or replacement of property damaged as a result of a compensable crime; or
         2. Payment of the deductible amount on a residential insurance policy;
      2. Any modification to the victim’s residence that is necessary to ensure victim safety; and
      3. The rekeying of a motor vehicle or other lock that is necessary to ensure the victim’s safety.
   2. (Deleted by amendment, L. 98, p. 517, § 2, effective April 30, 1998.)
2. Compensable losses do not include:
   1. Pain and suffering or property damage other than residential property damage or rekeying a lock pursuant to subparagraph (III) of paragraph (a) of subsection (1.5) of this section; or
   2. Aggregate damages to the victim or to the dependents of a victim exceeding thirty thousand dollars.
   3. Repealed.

Source: L. 81: Entire article added, p. 1138, § 5, effective July 1. L. 83: (2)(a) and (2)(b) amended and (1.5) added, pp. 670, 854, §§ 19, 3, effective July 1. L. 84: Entire section amended, p. 659, § 12, effective May 14. L. 85: (1)(g) added, p. 792, § 3, effective June 6. L. 89: (1.5)(a)(II) amended, p. 1016, § 1, effective April 23. L. 93: (2) amended, p. 2051, § 1, effective June 9. L. 98: (1.5) and (2)(b) amended, p. 517, § 2, effective April 30. L. 2015: (1)(h) and (1.5)(a)(III) added, (1.5)(a)(I)(B), (1.5)(a)(II), (2)(a), and (2)(b) amended, and (2)(c) repealed, (HB 15-1035), ch. 60, p. 145, § 3, effective March 30.