US Lawyer Database

§ 15B-19 – Subrogation by collateral sources prohibited.

15B-19. Subrogation by collateral sources prohibited. Subrogation rights that a collateral source may have may not extend to a recovery from a claimant of all or any part of an award made under this Article. A collateral source may not apply in the name of a claimant or otherwise for an award of compensation based […]

§ 15B-20 – Publicity.

15B-20. Publicity. Law enforcement agencies responsible for investigating offenses committed in the State may provide information to victims of those offenses and to their dependents concerning the existence of the Crime Victims Compensation Fund and the source of applications for compensation from the Fund. (1983, c. 832, s. 1; 1987, c. 819, s. 28; 1991, […]

§ 15B-4 – Award of compensation.

15B-4. Award of compensation. (a) Subject to the limitations in G.S. 15B-22, compensation for criminally injurious conduct shall be awarded to a claimant if substantial evidence establishes that the requirements for an award have been met. Compensation shall only be paid for economic loss and not for noneconomic detriment. The Commission shall follow the rules […]

§ 15B-5 – Attorney General to represent State.

15B-5. Attorney General to represent State. The Attorney General shall represent the interest of the State when: (1) A decision of the Commission is appealed to the courts; and (2) When the State is sued or when it brings or enters a lawsuit pursuant to this Article. (1983, c. 832, s. 1; 1991, c. 301, […]

§ 15B-6 – Powers of the Commission and Director.

15B-6. Powers of the Commission and Director. (a) In addition to powers authorized by this Article and Chapter 150B, the Commission may: (1) Adopt rules in accordance with Part 3, Article 1 of Chapter 143B and Article 2A of Chapter 150B of the General Statutes necessary to carry out the purposes of this Article; (2) […]

§ 15B-7 – Filing of application for compensation award; contents.

15B-7. Filing of application for compensation award; contents. (a) A claim for an award of compensation is commenced by filing an application for an award with the Director. The application shall be in a form prescribed by the Commission and shall contain the following information: (1) The name and address of the victim of the […]

§ 15B-8 – Procedure for filing application.

15B-8. Procedure for filing application. (a) The Director shall establish procedures for screening, filing, recording, investigating, and processing applications for an award of compensation. The Director shall also establish the procedures and methods for processing follow-up claims for compensation. The procedures and methods established by the Director under this subsection shall conform to any rules […]

§ 15B-8.1 – Privilege and records of the Commission.

15B-8.1. Privilege and records of the Commission. (a) In a proceeding under this Article, the privileges set forth in G.S. 8-53, 8-53.3, 8-53.4, 8-53.7, 8-53.8, and 8-56 do not apply to communications or records concerning the physical, mental or emotional condition of the claimant or victim if that condition is relevant to a claim for […]

§ 15B-10 – Awarding claims.

15B-10. Awarding claims. (a) The Director shall decide the award of compensation for an initial claim or follow-up claim when the claim does not exceed twelve thousand five hundred dollars ($12,500) and does not include future economic loss. The Director shall report all awards under this subsection to the Commission. (b) The Director shall recommend […]

§ 15B-11 – Grounds for denial of claim or reduction of award.

15B-11. Grounds for denial of claim or reduction of award. (a) An award of compensation shall be denied if: (1) The claimant fails to file an application for an award within two years after the date of the criminally injurious conduct that caused the injury or death for which the claimant seeks the award; (2) […]