New York Laws
Article 22 - Office of Victim Services
626 - Out-of-Pocket Loss; Definition.

§ 626. Out-of-pocket loss; definition. 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, domestic partner, grandparents,
parents, stepparents, guardians, brothers, sisters, stepbrothers,
stepsisters, children, stepchildren or grandchildren 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 office 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 promulgated to carry out the provisions and purposes of this
article.

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.