MICHAEL E. WEAVER, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought compensation under the Crime Victims Compensation Act for injuries suffered in an aggravated battery. The court found the claim compensable and awarded $754.30.
Statutes cited: Ch. 70 §71 et. seq., Ill. Rev. Stat.; Ch. 70 471, Ill. Rev. Stat.; §12-4, Ch. 38, Ill. Rev. Stat., 1973
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- CRIME VICTIMS COMPENSATION Am-Where person is victim of violent crime as defined in the Act; has suffered pecuniary loss of $500 or more; notified and cooperated fully with law enforcement officials immediately after the crime; the victim and the assailant were not related and sharing the same household; the injury was not substantially attributable to the victims wrongful act or substantial provocation and the victim; and his claim was filed in the Court of Claims within 2 years of the date of injury, compensation is payable under the Act.
This claim arose out of criminal aggravated battery on January 14, 1974, at Atlanta, Illinois. Michael Weaver seeks compensation pursuant to provisions of the “Crime Victims Compensation Act” (hereafter referred to as “the Act”), Ch. 70 §71 et. seq., Ill. Rev. Stat.
This Court has carefully considered the application for benefits submitted on the form prescribed and furnished by the Court; and a report by the Attorney General of the State of Illinois, which substantiates the matters set forth in the application. Based upon these documents and other evidence submitted before the Court, the Court finds as follows:
1. That the claimant was a victim of a violent crime covered under Ch. 70 471, Ill. Rev. Stat., to wit:
“Aggravated Battery $12-4, Ch. 38, Ill. Rev. Stat., 1973”.
2. That said crime occurred at 9:30 p.m. on January 14, 1974, at Atlanta, Illinois, at which time claimant suffered facial fractures.
[*513] 3. That said crime was reported to the Logan County Sheriffs office promptly, and claimant at all times has cooperated with law enforcement officials.
4. That the assailant has been apprehended and prosecuted in Logan County where he was sentenced to a term of one to three years in a State correctional institution.
5 . Claimant is not a relative or member of the same household of the assailant.
6. The injury to claimant was not attributable either to his wrongful act or provocation on his part.
7. Claimant has suffered damages in excess of $500.00 compensible by Section 74 of the Act, to wit:
A . Hospital and surgical expenses . . . . . . . . . . . . . . . . . . . . . . $494.30
B. Doctors expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260.00
8. Claimant has received no other compensation as a result of these injuries.
9. That the proof submitted in support of this claim satisfies all of the requirements of this Act, and the claim is therefore compensible thereunder.
IT Is H EREBY ORDERED that the sum of $754.30 (SEVEN H UNDRED FIFTY FOUR DOLLARS AND THIRTY C ENTS) be awarded Michael Weaver as an innocent victim of a violent crime.