Idaho State Statutes - Idaho Attorney Directory

(1) If a claimant seeks compensation under this
chapter and compensation is awarded, the account is entitled to full
subrogation against a judgment or recovery received by the claimant against
the offender or from or against any other source for all compensation paid
under this chapter. The account's right of subrogation shall be a first lien
on the judgment or recovery. If the claimant does not institute the action
against the offender or against another source from which payment may be
recovered for benefits compensable under this chapter within one (1) year from
the date the criminally injurious conduct occurred, the commission may
institute the action in the name of the claimant or the claimant's personal
representative.
(2) If the claimant institutes the action, the commission shall pay a
proportional share of costs and attorneys' fees if it recovers under its
subrogation interest.
(3) If the commission institutes the action in the name of the claimant
or the claimant's personal representative and the recovery is in excess of the
amount of compensation paid to the claimant and costs incurred by the account
in pursuit of the action, the excess shall be paid to the claimant.
(4) If a judgment or recovery includes both damages for bodily injury or
death for which the commission has ordered compensation paid under this
chapter and damages for which the commission has not ordered compensation
paid, then the account's subrogation interest shall apply only to that
proportion of the judgment or recovery for which it has paid compensation. In
a civil action in a court of this state arising out of criminally injurious
conduct, the judge, on timely motion, shall direct the jury to return a
special verdict indicating separately the amounts of the various items of
damages awarded. A claimant may not make recoveries against the offender or
other source from which payment can be recovered for benefits compensable
under this chapter in such a way as to avoid and preclude the account from
receiving its proper subrogation share as provided in this section. The
commission shall order the release of any lien provided for in subsection (1)
of this section upon receipt of the account's subrogation share.
(5) Moneys received under the provisions of this section shall be paid to
the account.

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