Restitution seeks to compensate people who have been injured or suffered loss because of another person's conduct. Restitution will be awarded only for out-of-pocket expenses caused by the offender's conduct. Restitution will only be granted if the amount can be calculated with certainty (based on evidence).
Restitution can be awarded in many types of civil cases. Some common examples include:
Although criminal law is typically understood as offenses against society as a whole, many states have created laws that allow victims to obtain restitution from the criminals who have wronged them. Laws regarding restitution will differ by state, but it typically requires a conviction and an application to the appropriate party. The appropriate party is typically the court, but the prosecuting attorney or the probate department may be the correct party to contact in some states and/or jurisdictions.
States allow victims to sue criminal defendants in civil law, but using the civil law to sue is less effective because suing using civil law procedure takes longer and requires that the defendant be represented by an attorney before any judgment can be given. In states that allow criminal restitution for crime victims, victims can use the existing conviction to ask for just compensation.
If you are seeking restitution, you need to include this claim in your initial complaint. If you are forced to pay civil restitution, it may be unjustified. In either case, please talk to an experienced business attorney to learn more about restitution issues. An experienced attorney will give you the best probability of getting restitution (or avoiding it!).
Last Modified: 04-16-2018 01:39 AM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.