West Virginia Crime Victims Compensation Fund: Death Benefits for Families

When a family member is killed in a violent crime in West Virginia, the immediate financial impact is compounding. Funeral costs arrive within days. Lost income from the wage earner disappears immediately. And the criminal justice process that follows a homicide, vehicular homicide, or assault can stretch on for years.

The West Virginia Crime Victims Compensation Fund exists specifically for this situation. Administered by the West Virginia Court of Claims, it provides up to $50,000 in total compensation to the survivors of crime victims — including funeral and burial expenses up to $10,000, wage loss, loss of financial support, and economic hardship. But it comes with two deadlines that eliminate eligibility if missed.

What the Fund Covers

The West Virginia Crime Victims Compensation Fund is not the same as a civil lawsuit or a restitution order against the perpetrator. It's a state fund that pays qualifying survivors directly, regardless of whether an arrest has been made, whether the perpetrator is convicted, or whether the perpetrator has any assets.

Covered expenses for family members of a homicide victim include:

• Funeral and burial expenses: up to $10,000 for documented funeral, burial, or cremation costs
• Dependent economic loss: compensation for the income the deceased would have provided to financially dependent survivors
• Wage loss for survivors: if the death caused a family member to miss work (for court appearances, dealing with arrangements, or medical treatment resulting from the crime)
• Counseling costs: mental health treatment related to the trauma of the crime

The total compensation for a single death claim is capped at $50,000. This aggregate cap applies across all categories combined. If funeral expenses are $10,000, the remaining $40,000 can be applied to dependent support loss and other categories.

The Two Critical Deadlines

Two deadlines must both be met, or the claim is permanently barred.

Deadline 1: Report the crime to law enforcement within 72 hours.

The underlying crime must be reported to police, sheriff's office, or other law enforcement within 72 hours of the incident. There is no mechanism to waive this requirement for compensation purposes, even if law enforcement is aware of the crime through other means.

In the immediate aftermath of a violent death, reporting to law enforcement is typically handled automatically — investigators respond to the scene, and the death is documented. However, in circumstances where a surviving family member witnesses a crime and law enforcement was not called within 72 hours, that failure permanently forecloses compensation eligibility. If there is any doubt about whether a timely report was made, confirm directly with the investigating agency.

Deadline 2: File the compensation claim within two years of the date of the crime.

The formal application for compensation must be filed with the West Virginia Court of Claims within two years of the crime's date. This is a statute of limitations. Missing it by a single day is legally equivalent to not filing at all.

Two years sounds long, but it passes quickly when families are managing grief, criminal proceedings, probate, and their own financial collapse. The claim does not need to wait until a criminal trial concludes — in fact, waiting that long frequently risks missing the deadline. File the claim promptly, even if the criminal case is ongoing.

Who Can File a Claim

The following individuals are eligible to file as "claimants" after a victim's death:

• The surviving spouse
• Surviving children (including legally adopted children)
• Surviving parents or grandparents if the victim was a dependent minor
• Any other person who was financially dependent on the victim

A claimant does not need to have been present at the crime or personally injured. The compensation is specifically designed for those left behind financially.

There is also a strict exclusion: claimants who are themselves convicted of a crime arising from the same criminal incident are not eligible for compensation. Compensation can also be reduced if the victim contributed to their own injury through their own criminal conduct — though this provision is applied narrowly and does not affect the majority of homicide victim families.

How to File

Claims are filed with the West Virginia Court of Claims, which maintains offices in Charleston. The process involves:

1. Obtain the claim application from the WV Court of Claims directly (available online or in person)
2. Document the crime: include the law enforcement report number, the investigating agency, and any case number assigned
3. Document the death: include a certified copy of the death certificate
4. Document the losses: gather funeral bills, receipts, documentation of the victim's income (pay stubs, tax returns), and evidence of financial dependency if claiming loss of support
5. Submit the application to the Court of Claims within the two-year window

The Court of Claims reviews the application, may request additional documentation, and issues a compensation award. Payments are made directly to the claimant, not to the funeral home or other vendors — though the claimant can use the funds to pay those bills.

If the claim is denied or the award amount is disputed, there is an appeal process through the Court of Claims. A WVDVA service officer or legal aid attorney can assist with appeals if needed.

How This Interacts With Workers' Compensation and Other Benefits

If the victim was killed at work rather than by a third-party criminal act, the applicable benefit is West Virginia Workers' Compensation death benefits — not the Crime Victims Compensation Fund. Workers' Compensation pays 70% of the victim's average weekly wage to qualifying dependents, up to the statutory weekly maximum.

If the victim was killed both as a crime victim and in the course of employment (for example, a convenience store worker killed during a robbery), both benefits may apply, though coordination rules between them may reduce the total award. A WVDVA service officer can help sort through overlapping claims, particularly for veterans, and a West Virginia legal aid attorney can assist non-veteran families navigating the intersection of these programs.

The full picture of all benefits available to a West Virginia family after a violent death — Crime Victims Compensation, Workers' Compensation, Social Security survivor benefits, any applicable pension benefits, and the homestead exemption — is mapped in the West Virginia Survivor Benefits Navigator. Each program has its own agency, its own forms, and its own deadline, and the Navigator sequences them chronologically so families don't fall through the gaps.

What the $50,000 Cap Means in Practice

For families where the deceased was the primary wage earner with dependents, $50,000 will typically not replace the full economic loss. The fund is intended as emergency bridge compensation, not lifetime income replacement.

That distinction matters because families should also be pursuing:

• Social Security survivor benefits (which provide ongoing monthly income to dependent children and qualifying spouses)
• VA DIC benefits if the victim was a veteran
• Any life insurance policies
• Workers' compensation death benefits if the death was work-related
• A civil wrongful death lawsuit against the perpetrator if they have assets (separate from the criminal case)

None of these benefits interfere with eligibility for the Crime Victims Compensation Fund, though the fund may offset its payment if you receive double recovery for the same losses from a civil judgment.

How to Start the Process Now

If you lost a family member to violent crime in West Virginia within the last two years, these are the immediate steps:

1. Confirm that the crime was reported to law enforcement within 72 hours — get the report number
2. Obtain certified copies of the death certificate (you will need multiple for various benefits claims)
3. Contact the West Virginia Court of Claims in Charleston to request a claim application
4. Gather funeral receipts and documentation of the victim's income
5. Submit the claim as soon as documentation is assembled — do not wait for the criminal trial

If you are outside the two-year window, or if you have questions about whether the 72-hour reporting requirement was met, contact a West Virginia legal aid organization or the Court of Claims directly. There is no cost to inquire.

The Crime Victims Compensation Fund will not bring back the person who was lost. But it can prevent the financial devastation that compounds a family's grief — if the claim is filed on time.

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