Compensation and Restitution
South Carolina has a Crime Victim Compensation Fund to help citizens with costs related to injuries received as a result of the crime. If you qualify for services, The Department of Crime Victim Compensation (DCVC) may reimburse some or all of the following costs depending on the law and policies guiding the use of the funds. Important note: DCVC is the Fund of Last Resort. This means if any other source is available to cover the cost of reimbursement, DCVC will defer to that source.
In addition to the criminal action, a victim may sue the perpetrator in court for civil damages to make them whole. Civil damages can go beyond money losses and include payment for such intangible harms like pain and suffering, humiliation, and damage to reputation.
Restitution is a payment made by the convicted perpetrator of a crime that is ordered by the court and intended to restore the victim financially. Restitution covers financial losses and physical injury. This can include property damage, the value of stolen goods, and the costs of medical expenses and lost wages. Restitution exists, not as a punishment for the defendant, but as a means of recovery for the victim. A crime victim who has lost money or property as the result of a crime is entitled to restitution from the defendant because the crime victim deserves to be made whole. Although it is awarded at the same time as sentencing, restitution should be considered independently from the defendant’s sentence.
A victim who wishes to receive restitution must, within appropriate time limits set by the prosecuting agency or summary court judge, provide the prosecuting agency or summary court judge with an itemized list which includes the values of property stolen, damaged, or destroyed; property recovered; medical expenses or counseling expenses, or both; income lost as a result of the offense; out-of-pocket expenses incurred as a result of the offense; any other financial losses that may have been incurred; an itemization of financial recovery from insurance, the offense victim’s compensation fund, or other sources. The prosecuting agency, court, or both, may require documentation of all claims. This information may be included in a written victim impact statement. After a perpetrator is convicted, the court must hold a hearing to determine the amount of restitution owed the victim.
Yes. They are two different processes. A victim can seek restitution as part of the criminal action and, at the same time, sue the perpetrator in civil court for compensatory damages. A victim may also complete an application with the Department of Crime Victim Compensation for some expenses, including medical costs.
