What is the Difference Between Criminal Victim Restitution and Civil Damages?

The primary difference between criminal victim restitution and civil damages is the difference between minimum and maximum. Victim restitution is usually an afterthought in criminal cases. Civil damages, on the other hand, are the primary focus in a civil case.

Judges often order crime victim restitution, which is also known as a civil penalty, in violent crime matters, like assault and murder. Victims of nonviolent crimes, such as stalking, are almost never entitled to restitution in criminal court. However, damages take center stage in civil cases because money damages accomplish dual purposes. They punish tortfeasors (negligent actors) and put victims in a better place.

An Experienced Personal Injury Attorney is a vital partner in both criminal and civil court cases. In both forums, a lawyer is a strong voice for crime victims during proceedings that often don’t fully allow these individuals to tell their stories.

Crime Victim Restitution

Minimal crime victim restitution usually includes some money for medical bills. Direct restitution for property lost in theft and other such cases is usually available as well.

Usually, judges order restitution payment as a condition of probation. This payment could also be a condition of pretrial diversion or another alternative resolution method. However, many judges hesitate to enforce these mandates. Putting a defendant in jail for not paying criminal restitution would essentially transform the county jail into an illegal debtors’ prison.

In addition to the aforementioned direct restitution, indirect restitution may be available as well. The California Victim Compensation Board sometimes covers expenses like:

• Crime scene cleanup,
• Funeral and burial expenses,
• Home or vehicle modifications for disabled victims,
• Lost wages,
• Relocation, and
• Residential security.

The CVCB unilaterally sets payout limits in these cases. Additionally, no money usually changes hands in indirect reimbursement matters. Typically, a provider under contract with the state performs services for free or at a reduced cost.

Plea bargains resolve most criminal cases. Generally, prosecutors aren’t legally required to consult with victims before they make deals with defendants. A Beverly Hills Personal Injury Attorney helps ensure that crime victims are key players in the resolution process.

Civil Damages and Los Angeles Personal Injury Lawyers

By their very nature, civil damages are much more comprehensive than criminal restitution. Usually, a Los Angeles personal injury lawyer obtains compensation for economic and noneconomic losses.

Economic losses are like a combination of direct and indirect restitution. As a bonus, the victim, not the state, determines the value of economic losses.

A DUI or other car crash is a good example. In most cases, to determine the amount of property restitution, the state uses a vehicle’s Blue Book value. The process is different in civil court. The family car often has an emotional value which, in many cases, exceeds its financial value. Additionally, Blue Book values usually don’t account for market conditions.

We’re just getting started. Civil damages also include compensation for noneconomic and intangible damages, such as:

• Pain and suffering,
• Loss of enjoyment in life,
• Emotional distress, and
• Loss of consortium (companionship).

To determine a reasonable value of noneconomic damages, a personal injury lawyer typically multiplies the economic losses by two, three, or four, depending on several factors.

Most civil cases also settle out of court. But victims usually get a chance to tell their stories on the record in civil court. Deposition transcripts are part of a case’s permanent record. Additionally, victims decide when and if to settle cases. A Personal Injury Attorney in California is strictly an advisor and an advocate.

Responsibility Issues

The amount of money isn’t the only difference between criminal victim restitution and civil damages. In many cases, a third party is financially responsible for civil damages. So, personal injury attorneys have collection options in addition to pay or go to jail.

In California, property owners, like landlords, are financially responsible for crime-related damages if they don’t provide adequate security. Some factors to determine include the owner’s control over the property, likelihood of serious injury, the victim’s status as an invited or uninvited guest, the cost of preventing injury, and the industry standard security level.

Negligent security claims are quite complex. Typically, out-of-state holding companies legally control nursing homes, grocery stores, and other such public access property owners. These owners are also financially responsible for accidental injury damages, such as slip-and-fall damages.

Contact Our Experienced Personal Injury Lawyers

Amount is the main difference between criminal victim restitution and civil damages. For a free consultation with California Personal Injury Lawyers, contact the Law Offices of Eslamboly Hakim. We do not charge upfront legal fees in these matters.

Credit: Photo by Midjourney