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Crime Victim Compensation and a Civil Lawsuit: How the Two Fit Together

Every state runs a crime victim compensation program that can reimburse costs such as counseling and lost wages. It is not the same as a civil claim, and the two can interact. Here is how the federal framework describes these programs and what to ask before you apply.

Survivor Justice Alliance · 2026-10-20 · 6 min read

Reviewed by Survivor Justice Alliance · Updated 2026-10-21

Key takeaways

  • Crime victim compensation is a direct reimbursement for crime-related expenses such as medical costs, mental health counseling, lost wages and funeral costs; eligibility is set by each state's program.
  • Federally supported programs must cover medical expenses including mental health counseling, lost wages and funeral expenses, and must treat victims of federal crimes and nonresidents on the same basis.
  • Programs must waive filing deadlines when the delay came from slow testing or DNA matching of a sexual assault kit.
  • Federal law refers to programs recovering money from restitution and from civil-lawsuit payments, so ask the program whether it would expect repayment from a later civil recovery.
BRIEFING

What compensation is

The U.S. Department of Justice's Office for Victims of Crime describes crime victim compensation as a direct reimbursement to or on behalf of a crime victim for crime-related expenses such as medical costs, mental health counseling, lost wages, and funeral and burial costs. OVC administers federal funds that support these programs in every state, Washington, D.C., the U.S. Virgin Islands, Puerto Rico and Guam.

Each program sets its own eligibility rules. OVC advises victims to contact the compensation program for the state or territory where the crime occurred.

What federal law requires of state programs

Under the Victims of Crime Act, 34 U.S.C. 20102, a state program is eligible for federal grants only if it meets certain conditions. Among them:

  • It offers compensation for medical expenses from a physical injury caused by a compensable crime, including mental health counseling and care, for lost wages from that injury, and for funeral expenses.
  • It promotes victim cooperation with reasonable law enforcement requests, except where the program determines cooperation may be affected by the victim's age, physical condition, psychological state, cultural or linguistic barriers, or another health or safety concern.
  • It compensates nonresidents and victims of federal crimes occurring in the state on the same basis as residents and victims of state crimes.
  • It does not deny compensation because of a family relationship with the offender or a shared residence, except under rules meant to keep the offender from benefiting.
  • It waives any filing deadline when the delay resulted from a delay in testing a sexual assault forensic kit or in DNA profile matching, without requiring an appeal.

Compensation is not a lawsuit

Compensation is an administrative program funded by the government. It does not require proving anyone's legal fault in court, and the amounts and categories are set by the state program. A civil lawsuit is a claim for damages against the person or institution responsible, decided by a court or resolved by agreement, and it can include harms that compensation programs do not cover.

The two can interact. The federal statute refers to programs recovering costs through restitution and through subrogation for payment under a civil lawsuit. In plain terms, a program may be entitled to be repaid from a later recovery for expenses it already paid. Ask the program how it handles this before you rely on both.

Effect on public benefits

Section 20102(c) says that compensation received through an eligible program does not count as income, resources or assets for means-tested federal, state or local programs that use federal funds, and does not reduce that assistance, unless the total help received from all such programs fully compensates the victim's crime-related losses.

The statute also says that when another federal program, or a federally financed state or local program, would pay a cost, the compensation program does not pay it, and the other program pays without regard to compensation.

Practical next steps

Contact the compensation program in the state where the crime happened, ask what it covers and what documents it needs, and ask about deadlines and any waiver that may apply. OVC's VictimConnect Resource Center can help find local assistance by phone or text at 855-484-2846. If you are also considering a civil claim, tell the attorney you consult about any compensation you have applied for or received.

The Survivor Justice Alliance is a civil-justice information resource, not a law firm, and does not give legal advice.

Sources

  1. Victim Compensation — Office for Victims of Crime, U.S. Department of Justice
  2. 34 U.S. Code § 20102 - Crime victim compensation — Legal Information Institute, Cornell Law School

The Survivor Justice Alliance is a civil-justice information resource, not a law firm; nothing here is legal advice. Attorney advertising. Support is available 24/7 at the RAINN hotline, 800-656-4673.

Related

Questions

Common Questions

Federal law requires programs to promote cooperation with reasonable law enforcement requests, with exceptions for age, physical or psychological condition, cultural or language barriers, and other health or safety concerns. Each state sets its own rules, so ask the program in the state where the crime occurred.

Federally supported programs must cover medical expenses from a physical injury caused by a compensable crime, including mental health counseling and care. Details and limits vary by state.

Possibly. Federal law refers to programs recovering costs through subrogation for payment under a civil lawsuit. Ask the program, and tell your attorney about any compensation you received.

Federal law says compensation does not count as income or assets for means-tested programs using federal funds, unless the total assistance fully compensates your losses. Confirm details with the program.