Hawaii Crime Victim Compensation: What Surviving Families Can Claim

When someone dies as a result of a violent crime in Hawaii — homicide, assault, manslaughter, negligent homicide, or family violence — their surviving dependents and relatives can file a compensation claim with the Hawaii Crime Victim Compensation Commission (CVCC). The claim can cover funeral and burial expenses, lost financial support, and, in some cases, catastrophic medical costs incurred before death.

This benefit is frequently overlooked. It sits outside the Social Security system, outside workers' compensation, and outside the estate administration process. Many families who would qualify never file because they do not know the CVCC exists or assume that only the primary victim — not survivors — can claim.

What the CVCC Covers

The Hawaii Crime Victim Compensation Commission administers a state fund that compensates victims and their families for economic losses resulting from qualifying criminal acts. For families of someone who died from a crime, the relevant categories are:

Lost financial support. Surviving dependents — a spouse, minor children, or others who relied on the decedent's income — can claim compensation for the loss of that support. The aggregate cap across all claimants for a single incident is $10,000 for combined funeral expenses and lost financial support not covered by other sources.

Funeral and burial expenses. Costs for the funeral, burial, or cremation that are not reimbursed by other sources (life insurance, workers' compensation, veterans' benefits) are compensable. The $10,000 aggregate cap applies.

Medical expenses incurred before death. If the victim received medical treatment between the crime and their death — emergency room care, surgery, ICU stays — and those costs were not fully covered by health insurance or other sources, the CVCC can compensate up to an absolute maximum of $20,000 for compensable medical costs.

The CVCC is a payer of last resort, meaning it covers costs not reimbursed by other collateral sources. If life insurance or workers' compensation already covers the funeral expenses in full, the CVCC claim for those costs may be zero. Document all collateral sources carefully when filing.

What Crimes Qualify

The following types of criminal acts are generally covered:

• Murder and attempted murder
• Manslaughter and negligent homicide
• Assault and aggravated assault
• Sexual assault
• Domestic violence and abuse of a family or household member
• Kidnapping
• Robbery and other crimes involving violence

Property crimes without violence — theft, burglary without confrontation, fraud — generally do not qualify because there is no physical injury or death caused by direct violence.

The crime must have occurred in Hawaii for the CVCC to have jurisdiction. Hawaii residents who are victims of crimes in other states may have recourse through that state's victim compensation program.

Who Can Apply

The following individuals may file a claim with the CVCC after a crime-related death:

• Surviving spouse or domestic partner
• Parents of the deceased
• Children of the deceased
• Siblings or other relatives who were financially dependent on the deceased
• Any person who paid or is responsible for paying the deceased victim's funeral or medical expenses

Multiple family members may file separate claims arising from the same incident, but the $10,000 aggregate cap for lost support and funeral costs applies across all related claims for that single criminal event.

How to File: The Application Process

Step 1 — Obtain and complete the application. The CVCC application is available from the Judiciary's Crime Victim Compensation Commission office in Honolulu. Applications can also be obtained through victim assistance programs at the county prosecutor's office and through nonprofit victim advocacy organizations.

Step 2 — Gather supporting documentation. You will need:

• A certified copy of the death certificate
• A copy of the police report or case number for the underlying criminal incident
• Proof of relationship to the deceased (marriage certificate, birth certificate)
• Funeral and burial receipts and invoices
• Documentation of the deceased's income (recent tax returns, pay stubs, employer statements) to support lost support claims
• Medical bills and insurance explanation-of-benefits statements for any medical care received between the crime and death
• Documentation of all other sources of compensation received (life insurance proceeds, workers' compensation payments, any civil settlement)

Step 3 — File within the statutory deadline. Applications must be filed within 18 months of the date of the criminal incident. Late applications are accepted only upon a showing of good cause — for example, if the death occurred significantly later than the crime, if a minor child did not discover their eligibility until later, or if documentation was unavailable due to an ongoing criminal investigation.

The 18-month window runs from the date of the incident, not the date of death. If the victim was injured in the crime and died several months later, the clock may already be running before the family has dealt with the death itself.

Step 4 — Cooperate with law enforcement. CVCC eligibility requires that the victim or their survivors have cooperated with law enforcement in the investigation and prosecution of the crime. Refusal to participate in the criminal process can result in denial of the claim. If there are safety reasons why a surviving family member could not cooperate, explain this in the application — the CVCC has discretion to accommodate documented safety concerns.

Coordination With the Criminal Case

CVCC compensation is independent of any criminal conviction. A claim can be filed and processed even while criminal charges are pending or before any prosecution occurs. A conviction is not required for the CVCC to award compensation, but the underlying act must constitute a qualifying crime.

If the surviving family is also pursuing a civil wrongful death lawsuit against the perpetrator or a third party (such as an employer or property owner), any civil recovery can affect the CVCC award. The CVCC has subrogation rights — if you later recover money through a civil lawsuit that covers the same losses for which the CVCC compensated you, you may be required to reimburse the CVCC for the amount it paid.

When CVCC and Other Benefits Overlap

CVCC compensation is a supplement to — not a replacement for — other benefits the surviving family may be pursuing:

• Workers' compensation (if the death was work-related) covers funeral allowances and weekly income replacement independently
• Social Security survivor benefits provide ongoing monthly income for surviving spouses and minor children
• Life insurance may cover immediate costs
• VA benefits apply if the deceased was a veteran

The CVCC fills the gap when these other sources do not fully cover the losses. Documenting what each source pays is essential for calculating the net compensable amount.

The Hawaii Survivor Benefits Navigator provides a coordinated benefits checklist for families navigating multiple concurrent claims — CVCC, workers' compensation, Social Security, ERS pensions, and county property tax exemptions — alongside the estate administration timeline. When a death results from a crime, the administrative burden on surviving families compounds quickly. Starting with a complete picture of every available benefit prevents sources from being missed in the immediate chaos of the aftermath.

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