NEXT

Subrogation and Restitution

When a person accepts a monetary award from OVS, OVS has a lien on any civil recovery obtained by the victim against the defendant or any other responsible third party. The State is also authorized to commence a civil action against a victim’s assailant or any liable third party if the victim declines to commence such action. This assignment to the State of the victim’s cause of action is called subrogation. In the event that the victim’s cause of action is in an amount greater than the Office’s award, only that portion of the cause of action which equals the amount of the award is assigned to the Office.

Restitution is money paid to a victim by the perpetrator of the crime. Restitution is designed to compensate the victim for the losses he/she incurred as a result of the crime. OVS has a lien on restitution when OVS makes a monetary award to the claimant and the claimant receives restitution for the same loss.

The Office of Victim Services’ presentation “Crime Victim’s Compensation and the Issue of Restitution” was granted accreditation by the New York State Continuing Legal Education Board. Any attorney who attends the presentation will now be able to receive 1.5 Continuing Legal Education (CLE) credits in the category of Areas of Professional Practice. The ability to receive this credit will encourage attorneys to attend this important presentation and OVS hopes that this added attention to the issue of restitution will increase the instances of restitution awards to victims.


RESTITUTION AND SUBROGATION COLLECTED FISCAL YEAR 2011 - 2012