JAMES FOSTER, 111, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought compensation under the Crime Victims Compensation Act for injuries from an aggravated battery. The court found the claim met all statutory requirements and awarded $590.95 after a $200 deductible.
Statutes cited: Ill. Rev. Stat., 1973, Ch. 70, Sec. 71 et. seq.; Ill. Rev. Stat., 1973, Chap. 70, Sec. 72; Sec. 12-4, Ch. 8, Ill. Rev. Stat., 1973
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Headnotes
- CRIME VICTIMS COMPENSATION ACT-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 of 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 December 28,1973, at 7922 South Marshfield Avenue, Chicago, Illinois. James Foster, III, seeks compensation pursuant to provisions of the “Crime Victims Compensation Act” (hereafter referred to as “the Act”), Illinois Rev. Stat., 1973, Ch. 70, Sec. 71 et. seq.
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 matter set forth in the application. Based upon the 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 Ill. Rev. Stat., 1973, Chap. 70, Sec. 72, to wit:
“Aggravated Battery Sec. 12-4, Ch. 8, Ill. Rev. Stat., 1973”.
2. That said crime occurred at 5:30 p.m. on December 28, 1973, at 7922 South Marshfield Avenue, Chicago, Illinois, at which time claimant suffered a gunshot wound to the lower left side of the back.
3. That said crime was reported to Area 2, Robbery Division of the Chicago Police Department promptly and claimant has cooperated with law enforcement officials. [*679] 4. There was no evidence that claimant was a relative or member of the same household of the assailant. 5. The injury to claimant was not attributable either to his wrongful act or provocation on his part. 6. Claimant has suffered damages in excess of $200.00 compensable by Section 4 of the Act, to wit: A. Hospital expense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $690.95 B. Surgical and Doctor expense . . . . . . . . . . . . . . . . . . . . . . . . 100.00 TOTAL EXPENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $790.95 Less $200 deductible . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200.00 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $590.95 7. Claimant has received no benefits or reimbursements from any source, nor is he or his family entitled to any benefits. 8. That the proof submitted in support of this claim satisfies all of the requirements of this Act, and the claim is therefore compensable thereunder.
IT IS HEREBY ORDERED that the sum of $590.95 (FIVE HUNDRED AND NINETY DOLLARS AND NINETY FIVE CENTS) be awarded James Foster, III as an innocent victim of a violent crime.