State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15B > GS_15B-2

§ 15B‑2.  Definitions.

As used in this Article, thefollowing definitions apply, unless the context requires otherwise:

(1)        Allowable expense. –Reasonable charges incurred for reasonably needed products, services, andaccommodations, including those for medical care, rehabilitation, medically‑relatedproperty, and other remedial treatment and care.

            Allowableexpense includes a total charge not in excess of five thousand dollars ($5,000)for expenses related to funeral, cremation, and burial, including transportationof a body, but excluding expenses for flowers, gravestone, and other items notdirectly related to the funeral service.

            Allowableexpense for medical care, counseling, rehabilitation, medically‑relatedproperty, and other remedial treatment and care of a victim shall be limited tosixty‑six and two‑thirds percent (66 2/3%) of the amount usuallycharged by the provider for the treatment or care. By accepting thecompensation paid as allowable expense pursuant to this subdivision, theprovider agrees that the compensation is payment in full for the treatment orcare and shall not charge or otherwise hold a claimant financially responsiblefor the cost of services in addition to the amount of allowable expense.

(2)        Claimant. – Any ofthe following persons who claims an award of compensation under this Article:

a.         A victim;

b.         A dependent of adeceased victim;

c.         A third person whois not a collateral source and who provided benefit to the victim or his familyother than in the course or scope of his employment, business, or profession;

d.         A person who isauthorized to act on behalf of a victim, a dependent, or a third persondescribed in subdivision c.

Theclaimant, however, may not be the offender or an accomplice of the offender whocommitted the criminally injurious conduct.

(3)        Collateral source. –A source of benefits or advantages for economic loss otherwise compensable thatthe victim or claimant has received or that is readily available to the victimor the claimant from any of the following sources:

a.         The offender.

b.         The government ofthe United States or any of its agencies, a state or any of its politicalsubdivisions, or an instrumentality of two or more states.

c.         Social Security,Medicare, or Medicaid.

d.         State‑required,temporary, nonoccupational disability insurance.

e.         Worker'scompensation.

f.          Wage continuationprograms of any employer.

g.         Proceeds of acontract of insurance payable to the victim for loss that the victim sustainedbecause of the criminally injurious conduct.

h.         A contract providingprepaid hospital and other health care services, or benefits for disability.

i.          A contract ofinsurance that will pay for expenses directly related to a funeral, cremation,and burial, including transportation of a body.

(4)        Commission. – TheCrime Victims Compensation Commission established by G.S. 15B‑3.

(4a)      Consumer reportingagency. – As defined in G.S. 75‑61(4).

(4b)      Credit report. – Asdefined in G.S. 75‑61(3).

(5)        Criminally injuriousconduct. – Conduct that by its nature poses a substantial threat of personalinjury or death, and is punishable by fine or imprisonment or death, or wouldbe so punishable but for the fact that the person engaging in the conductlacked the capacity to commit the crime under the laws of this State. Criminallyinjurious conduct includes conduct that amounts to an offense involvingimpaired driving as defined in G.S. 20‑4.01(24a), and conduct thatamounts to a violation of G.S. 20‑166 if the victim was a pedestrian orwas operating a vehicle moved solely by human power or a mobility impairmentdevice. For purposes of this Article, a mobility impairment device is a devicethat is designed for and intended to be used as a means of transportation for aperson with a mobility impairment, is suitable for use both inside and outsidea building, and whose maximum speed does not exceed 12 miles per hour when thedevice is being operated by a person with a mobility impairment. Criminallyinjurious conduct does not include conduct arising out of the ownership, maintenance,or use of a motor vehicle when the conduct is punishable only as a violation ofother provisions of Chapter 20 of the General Statutes. Criminally injuriousconduct shall also include an act of terrorism, as defined in 18 U.S.C. § 2331,that is committed outside of the United States against a citizen of this State.

(6)        Dependent. – Anindividual wholly or substantially dependent upon the victim for care andsupport and includes a child of the victim born after his death.

(7)        Dependent's economicloss. – Loss after a victim's death of contributions of things of economicvalue to his dependents, not including services they would have received fromthe victim if he had not suffered the fatal injury, less expenses of thedependents avoided by reason of the victim's death.

(8)        Dependent'sreplacement service loss. – Loss reasonably incurred by dependents after avictim's death in obtaining ordinary and necessary services in lieu of thosethe victim would have performed for their benefit if he had not suffered thefatal injury, less expenses of the dependents avoided by reason of the victim'sdeath and not subtracted in calculating dependent's economic loss.

Dependent'sreplacement service loss will be limited to a 26‑week period commencingfrom the date of the injury and compensation shall not exceed two hundreddollars ($200.00) per week.

(9)        Director. – TheDirector of the Commission appointed under G.S. 15B‑3(g).

(10)      Economic loss. – Economicdetriment consisting only of allowable expense, work loss, replacement servicesloss, and household support loss. If criminally injurious conduct causes death,economic loss includes a dependent's economic loss and a dependent'sreplacement service loss. Noneconomic detriment is not economic loss, buteconomic loss may be caused by pain and suffering or physical impairment.

(10a)    Household supportloss. – The loss of support that a victim would have received from the victim'sspouse for the purpose of maintaining a home or residence for the victim andthe victim's dependents. A victim may be compensated fifty dollars ($50.00) perweek for each dependent child. Compensation for household support loss shallnot exceed three hundred dollars ($300.00) per week and shall be limited to 26weeks commencing from the date of the injury. A victim may receive only onecompensation for household support loss. Household support loss is onlyavailable to an unemployed victim whose spouse is the offender who committedthe criminally injurious conduct that is the basis of the victim's claim underthis act.

(11)      Noneconomicdetriment. – Pain, suffering, inconvenience, physical impairment, or othernonpecuniary damage.

(12)      Replacement servicesloss. – Expenses reasonably incurred in obtaining ordinary and necessaryservices in lieu of those the injured person would have performed, not forincome but for the benefit of himself or his family, if he had not beeninjured.

Replacementservice loss will be limited to a 26‑week period commencing from the dateof the injury, and compensation may not exceed two hundred dollars ($200.00)per week.

(12a)    Substantial evidence.– Relevant evidence that a reasonable mind might accept as adequate to supporta conclusion.

(13)      Victim. – A personwho suffers personal injury or death proximately caused by criminally injuriousconduct.

(14)      Work loss. – Loss ofincome from work that the injured person would have performed if he had notbeen injured and expenses reasonably incurred by him to obtain services in lieuof those he would have performed for income, reduced by any income fromsubstitute work actually performed by him, or by income he would have earned inavailable appropriate substitute work that he was capable of performing butunreasonably failed to undertake.

Compensationfor work loss will be limited to 26 weeks commencing from the date of theinjury, and compensation shall not exceed three hundred dollars ($300.00) perweek. A claim for work loss will be paid only upon proof that the injuredperson was gainfully employed at the time of the criminally injurious conductand, by physician's certificate, that the injured person was unable to work.  (1983, c. 832, s. 1; 1987,c. 819, ss. 1‑8; 1989, c. 322, s. 1; c. 679, s. 1; 1991, c. 301, s. 1;1997‑227, ss. 1, 2; 1998‑212, s. 19.4(l); 2004‑124, s. 18.1;2004‑159, s. 1; 2006‑183, ss. 1, 2; 2009‑355, s. 5.)