595.025. Claims, filing and hearing, procedure, who may file--time limitation--amount of compensation, considerations--attorney's fees--examination, report by physician, when--exemption from colle
Claims, filing and hearing, procedure, who may file--timelimitation--amount of compensation, considerations--attorney'sfees--examination, report by physician, when--exemption fromcollection.
595.025. 1. A claim for compensation may be filed by a personeligible for compensation or, if the person is an incapacitated or disabledperson, or a minor, by the person's spouse, parent, conservator, orguardian.
2. A claim shall be filed not later than two years after theoccurrence of the crime or the discovery of the crime upon which it isbased.
3. Each claim shall be filed in person or by mail. The department ofpublic safety shall investigate such claim, prior to the opening of formalproceedings. The claimant shall be notified of the date and time of anyhearing on such claim. In determining the amount of compensation for whicha claimant is eligible, the department shall consider the facts stated onthe application filed pursuant to section 595.015, and:
(1) Need not consider whether or not the alleged assailant has beenapprehended or brought to trial or the result of any criminal proceedingsagainst that person; however, if any person is convicted of the crime whichis the basis for an application for compensation, proof of the convictionshall be conclusive evidence that the crime was committed;
(2) Shall determine the amount of the loss to the claimant, or thevictim's survivors or dependents;
(3) Shall determine the degree or extent to which the victim's actsor conduct provoked, incited, or contributed to the injuries or death ofthe victim.
4. The claimant may present evidence and testimony on his own behalfor may retain counsel. The department of public safety may, as part of anyaward entered under sections 595.010 to 595.075, determine and allowreasonable attorney's fees, which shall not exceed fifteen percent of theamount awarded as compensation under sections 595.010 to 595.075, which feeshall be paid out of, but not in addition to, the amount of compensation,to the attorney representing the claimant. No attorney for the claimantshall ask for, contract for or receive any larger sum than the amount soallowed.
5. The person filing a claim shall, prior to any hearing thereon,submit reports, if available, from all hospitals, physicians or surgeonswho treated or examined the victim for the injury for which compensation issought. If, in the opinion of the department of public safety, anexamination of the injured victim and a report thereon, or a report on thecause of death of the victim, would be of material aid, the department ofpublic safety may appoint a duly qualified, impartial physician to makesuch examination and report.
6. Each and every payment shall be exempt from attachment,garnishment or any other remedy available to creditors for the collectionof a debt.
7. Payments of compensation shall not be made directly to any personlegally incompetent to receive them but shall be made to the parent,guardian or conservator for the benefit of such minor, disabled orincapacitated person.
(L. 1981 H.B. 41, et al. § 4, A.L. 1985 H.B. 715, A.L. 1989 H.B. 502, et al., A.L. 1994 S.B. 554, A.L. 1996 S.B. 769, A.L. 2009 S.B. 338)