Section 626. Out-of-pocket loss; definition  


Latest version.
  • 1.  Out-of-pocket loss shall
      mean unreimbursed and unreimbursable expenses or indebtedness reasonably
      incurred for medical care or other services necessary as a result of the
      injury upon which such claim is based, including such expenses  incurred
      as  a  result  of  the  exacerbation  of  a  pre-existing  disability or
      condition directly resulting from the crime or causally related  to  the
      crime.   Such  expenses  or  indebtedness  shall  include  the  cost  of
      counseling for the eligible spouse, grandparents, parents,  stepparents,
      guardians,  brothers,  sisters,  stepbrothers,  stepsisters, children or
      stepchildren of a homicide victim, and crime victims who have  sustained
      a  personal  physical  injury  as  the  direct result of a crime and the
      spouse, children or stepchildren of such physically injured victim.  For
      the purposes of this subdivision, the victim of a sex offense as defined
      in  article  one  hundred  thirty  of  the penal law is presumed to have
      suffered physical injury. Such  counseling  may  be  provided  by  local
      victim service programs, where available. It shall also include the cost
      of  residing  at or utilizing services provided by shelters for battered
      spouses and children who are eligible pursuant  to  subdivision  two  of
      section  six  hundred  twenty-four  of  this  article,  and  the cost of
      reasonable attorneys' fees for representation before  the  board  and/or
      before  the  appellate  division  upon judicial review not to exceed one
      thousand dollars.
        2. Out-of-pocket loss shall also include the cost of counseling for  a
      child victim and the parent, stepparent, grandparent, guardian, brother,
      sister,   stepbrother   or   stepsister  of  such  victim,  pursuant  to
      regulations of the board.
        3. Notwithstanding any inconsistent provision  of  this  article,  and
      without   regard   to   the   financial   difficulty  of  the  claimant,
      out-of-pocket loss also shall  include  the  cost  of  unreimbursed  and
      unreimbursable counseling expense or indebtedness reasonably incurred by
      relief  workers  who  worked  at  the  World  Trade  Center  site in the
      immediate  aftermath  of  the  September  eleventh,  two  thousand   one
      terrorist  attacks,  or incurred by individuals who personally witnessed
      such attacks, where such counseling expense or indebtedness is  incurred
      as  a  direct  result of such work or of the witnessing of such attacks,
      and is incurred on or before December thirty-first, two thousand seven.