Delaware Victims Compensation Assistance Program (VCAP): Filing a Claim After a Violent Death

If your family member was killed as the result of a violent crime in Delaware, the state has a program designed to cover costs that no insurance will touch: immediate burial expenses, lost wages, and ongoing loss of financial support. The Delaware Victims' Compensation Assistance Program — VCAP — is administered by the Attorney General's office and exists specifically for situations like this.

Most families who qualify never apply. They either do not know the program exists, or they assume it is only for crime victims who survived. It is not. Survivors of homicide victims — spouses, children, parents — are primary claimants.

What VCAP Covers

VCAP provides financial compensation for costs that arise directly from the crime. For families of homicide victims, the most relevant categories are:

Burial and funeral expenses: Up to $5,000 in direct reimbursement for funeral home services, burial or cremation, transportation of remains, and related costs. This is one of the highest funeral assistance caps among state crime victim programs.

Loss of financial support: If the deceased was providing income to the household, surviving dependents can claim ongoing financial loss. The calculation is based on documented income and the family's economic dependency on the deceased.

Lost wages for surviving family members: If family members had to take unpaid time off work to deal with the crime — cooperating with police, attending court proceedings, managing the immediate aftermath — VCAP can reimburse those lost wages.

Medical and mental health treatment: Counseling for surviving family members who experienced psychological trauma from the crime is covered.

The maximum aggregate award across all categories is $25,000 per claim. VCAP is a payer of last resort: if another source (life insurance, workers' compensation, civil judgment) covers the same cost, VCAP will not duplicate it. You must document what insurance paid and what the gap is.

Who Qualifies

To be eligible for VCAP:

1. The death must have resulted from a crime that occurred in Delaware, or the victim was a Delaware resident killed in another state without a comparable victim compensation program available
2. The crime must have been reported to law enforcement — there is no fixed deadline, but cooperation with the investigation is required
3. The claimant must be a qualifying family member: a spouse, parent, child, sibling, or other person who was financially dependent on the victim

A criminal conviction is not required. Families can file while the case is still under investigation or prosecution. VCAP makes compensation decisions based on the crime report, not a court verdict.

Claimants cannot have contributed to or provoked the crime. If the victim was engaged in criminal activity at the time of death, VCAP may reduce or deny the claim.

The Filing Deadline

VCAP claims must be filed within two years of the date of the crime. There are limited exceptions for cases where the claimant was a minor or where the crime was not immediately discovered, but the standard deadline is two years.

Do not wait for the criminal case to resolve. File the claim as soon as you have the death certificate and the police report documentation. VCAP can process the claim while the investigation continues.

How to File

Claims are filed with the Delaware Department of Justice's Victims' Compensation Assistance Program office. The required documentation typically includes:

• Completed VCAP application form (available through the AG's office)
• Certified death certificate
• Police report number and case information
• Receipts or invoices for funeral expenses claimed
• Documentation of lost income (pay stubs, employer statements)
• Documentation of insurance coverage already received (so VCAP can calculate the gap)

The AG's office has victim advocates who can help families complete the application. If your family has a victim advocate already assigned from the criminal case, they can assist with the VCAP filing.

If Your Claim Is Denied or Reduced

VCAP decisions are not final. If your claim is denied or the award is less than expected, you have the right to appeal. Common reasons for denial include:

• Missing documentation (a fixable problem — resubmit with the complete file)
• Determination that another insurance source covered the expense (appeal with documentation of the actual gap)
• Alleged contribution by the victim to the crime (contest with evidence and, if necessary, legal representation)

The Delaware Legal Help Link (delawarelegalhelp.org) can connect families with low-cost or free legal assistance for VCAP appeals. The Bar Association's referral service can also identify attorneys who handle victim compensation matters.

How VCAP Interacts With the Estate

VCAP compensation does not pass through the probate estate. It is paid directly to the qualifying family members as claimants, not as assets of the deceased. This means:

• Creditors of the estate cannot claim VCAP funds
• The funds do not count toward the $30,000 small estate threshold
• VCAP payments are not subject to estate taxes

If the death involved a workplace accident as well as a crime — for example, a homicide at a worksite — you may also have a Delaware workers' compensation death benefit claim. Workers' comp and VCAP can run concurrently, but they cover different costs and VCAP will reduce its award by any amount workers' comp has already paid for the same expense.

VCAP and the Broader Benefits Picture

A violent death triggers multiple simultaneous claim tracks. While one family member is working with VCAP, another may be filing workers' compensation (if workplace-related), notifying the Social Security Administration to activate survivor benefits, and working with the Register of Wills to open or avoid probate.

The Delaware Survivor Benefits Navigator covers all of these tracks with agency-specific checklists and the sequencing required to prevent one claim from inadvertently blocking another. Get the complete guide here.

Key Contact

Delaware Victims' Compensation Assistance Program Department of Justice, Victim Services Unit 820 North French Street, Wilmington, DE 19801 Phone: (302) 255-1770 Toll-free: 1-800-464-4357

If the death occurred in another county, the Kent County or Sussex County State's Attorney's office can also assist with VCAP referrals.

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