Title 4. Public Care Systems. - Chapter 5. Compensation of Victims of Violent Crime. - § 4-509. Preservation of civil actions; subrogation.


Published: 1997

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§ 4-509. Preservation of civil actions; subrogation.

  • Current through October 23, 2012

(a) A claimant or the claimant's successors in interest retain the right to recover damages from the offender or third parties, and the right to restitution from the offender.

(b) To the extent that the Court has made payment to or on behalf of the victim, restitution, if imposed by the Court, shall be paid to the Fund.

(c) The District of Columbia is subrogated to the claimant's right against the offender or third parties to the extent of any compensation awarded under this chapter. The District of Columbia may initiate a lawsuit against the offender for damages or restitution or against third parties for damages.

(d) The claimant shall notify the Corporation Counsel of the District of Columbia if a lawsuit for restitution or damages is instituted. The District of Columbia may intervene in the lawsuit and is privy to a lien on recovery made from the lawsuit. If the funds are retrieved through subrogation, they shall be credited to the Fund.

(e) Application forms for compensation by the Program shall include a repayment subrogation agreement.

                                

(Apr. 9, 1997, D.C. Law 11-243, § 10, 44 DCR 1142.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 3-429.

Emergency Act Amendments

See note to § 4-501.

Legislative History of Laws

For legislative history of D.C. Law 11-243, see Historical and Statutory Notes following § 4-501.