Title 28, Chapter 5, Section 103
( 28-5-103)
(a) In any case in which a person is injured or sustains property
damage or is killed by an incident for which compensation is
authorized by this part, the board may recommend to the General
Assembly payment of compensation: (1) To or for the benefit of the injured person; (2) In the case of personal injury of the victim, to any person
responsible for the maintenance of the victim who has suffered
pecuniary loss or incurred expenses as a result of such injury; (3) In the case of death of the victim, to or for the benefit of
any one or more of the heirs at law of the victim, who at the time
of the victim's demise were dependent upon him for over half of
their support; or (4) To or for the benefit of the owner of the damaged property. (b) In making its recommendation to the General Assembly, the board
shall: (1) Consider a person to have intended an act, notwithstanding
that by reason of age, insanity, drunkenness, or otherwise, he was
legally incapable of forming a criminal intent; (2) Consider all circumstances surrounding the claim, including,
but not limited to, provocation, consent, or any other behavior of
the victim which directly or indirectly contributed to his injury
or death; the prior case or social history, if any, of the victim
or claimant; any need for financial aid present; and any other
relevant matters; and (3) Take into consideration any amounts received or receivable
from any other source or sources by the victim or his dependents
as a result of the incident or offense giving rise to the claim. (c) Claims and recommendations may be made under this Code section
regardless of whether or not any person is prosecuted or convicted
of any offense arising out of such act. |