§ 29-13-103 — Burden of proof - Documentation

Tennessee § 29-13-103

• Jurisdiction: Tennessee
• Title: 29

Text

(a) The claimant has the burden of presenting to the division all facts necessary in determining whether the claimant is entitled to compensation under this part. No claimant shall be entitled to compensation unless the claimant proves by a preponderance of the evidence every requirement under this part for entitlement to compensation, including, but not limited to, the following: (1) The occurrence of an offense as defined in § 29-13-104 ; (2) The offense proximately caused personal injury to or death of the victim; (3) The claimant is eligible for compensation pursuant to § 29-13-105 ; (4) The claimant has fully cooperated with the police and the district attorney general in the investigation and prosecution of the offender, except in cases involving a victim where it is determined that the victim's cooperation may be or had been impacted due to the victim's age, physical condition, psychological state, cultural or linguistic barriers, or any other health or safety concern that jeopardizes the victim's well-being, including, but not limited to, a reasonable fear of retaliation or harm that would jeopardize the well-being of the victim or the victim's family; (5) The amount of losses or expenses incurred by the claimant that are eligible for reimbursement pursuant to §§ 29-13-106 and 29-13-107 ; (6) If the claim is based upon the death of the victim and an award in excess of funeral and burial expenses is being sought, that the claimant was a dependent of the victim within the meaning of § 29-13-102(5) ; and (7) The victim or a member of the victim's family reported the offense to the proper law enforcement authorities within the time prescribed in § 29-13-108(a) . (b) (1) The claimant must present written documentation to establish the facts required by subsection (a), including proof that an offense referenced in subdivision (a)(1) has occurred. (2) Such documentation must include, but is not limited to: (A) (i) Medical and funeral bills; (ii) Lost wage verifications; (iii) W-2 forms; or (iv) Death and birth certificates; and (B) Proof of an offense, which must include, at a minimum, the type of crime that occurred, the date of the crime, the name of the victim or victims, and the location of the crime. Proof of an offense may be demonstrated by providing documentation, including, but not limited to, the following: (i) A criminal conviction documenting the crime directly related to the claim filed; (ii) A law enforcement report documenting the commission of a crime; (iii) An information charging an individual with a crime filed by a prosecuting attorney; (iv) An indictment by a grand jury; (v) A written communication by a law enforcement agency indicating a crime has occurred relative to the claim filed; (vi) Court records evidencing the criminal prosecution of a crime relevant to the claim filed; (vii) Medical records from a healthcare provider, as those terms are defined in § 9-8-408 ; (viii) A written communication from a prosecuting attorney or investigating law enforcement officer who has personal involvement in the prosecution or investigation of any criminal case relative to the claim filed; (ix) A report from child protective services or another government agency; (x) A restraining order issued by a court; or (xi) Any other documentation requested by the division to show the commission of a crime.

Legislative History

Amended by 2024 Tenn. Acts, ch. 904,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 904,s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 359, s 1, eff. 5/5/2023. Acts 1993, ch. 494, § 4.