§ 16-90-716 - Limitation on reparations -- Manner of payment.
16-90-716. Limitation on reparations -- Manner of payment.
(a) (1) Reparations payable to a victim and to all other claimants sustaining economic loss because of injury to or death of that victim may not exceed ten thousand dollars ($10,000).
(2) However, for those victims whose injuries are catastrophic and result in a total and permanent disability, the maximum reparations amount shall not exceed twenty-five thousand dollars ($25,000).
(b) (1) The Crime Victims Reparations Board may provide for the payment to a claimant in a lump sum or in installments.
(2) At the request of the claimant, the board may convert future economic loss other than allowable expense to a lump sum, but only upon a finding by the board of either of the following:
(A) That the award in a lump sum will promote the interests of the claimant; or
(B) That the present value of all future economic loss other than allowable expense does not exceed one thousand dollars ($1,000).
(c) If the board determines that the claimant will suffer financial hardship unless an advance award is made, an amount may be paid to the claimant and shall be deducted from the final award or shall be repaid and recoverable from the claimant to the extent that it exceeds the final award.
(d) (1) An award payable in installments for future economic loss may be made only for a period as to which the board can reasonably determine future economic loss.
(2) An award payable in installments for future economic loss may be modified by the board upon its finding that a material and substantial change of circumstances has occurred.
(e) An award shall not be subject to execution, attachment, garnishment, or other process, except that an award for allowable expense shall not be exempt from a claim of a creditor to the extent that the creditor has provided products, services, or accommodations, the costs of which are included in the award.
(f) An assignment by the claimant to any future award under the provisions of this subchapter is unenforceable, except:
(1) An assignment of any award for work loss to assure payment of court-ordered alimony, maintenance, or child support; or
(2) An assignment of any award for allowable expense to the extent that the benefits are for the cost of products, services, or accommodations necessitated by the injury or death on which the claim is based and are provided or are to be provided by the assignee.