Restitution vs. Civil Lawsuits: Achieving Full Accountability
In the aftermath of a violent crime, survivors are often told that the court will handle "restitution." While restitution is a critical part of the criminal justice system, it is rarely enough to provide a victim with a true path to recovery.
Understanding Criminal Restitution
In California, criminal restitution is intended to reimburse a victim for actual economic losses. This includes hospital bills, property damage, and lost wages. It is ordered by the judge as part of the defendant’s sentence.
The Problem: Restitution almost never covers non-economic damages. It does not provide compensation for physical pain, emotional trauma, PTSD, or the loss of enjoyment of life. Furthermore, if the offender has no immediate income, collecting restitution can take decades.
The Power of a Civil Lawsuit
A civil lawsuit is a separate legal action filed in civil court. It does not depend on a "guilty" verdict in criminal court, although a conviction can be used as powerful evidence. A civil lawsuit allows you to pursue:
- • Non-Economic Damages: Financial recovery for the trauma and suffering the crime caused.
- • Punitive Damages: Awards designed specifically to punish the perpetrator's behavior.
- • Third-Party Liability: Holding businesses or property owners accountable if their negligence allowed the crime to happen.
Strategic Legal Guidance
At California Victim Advocacy, we help you navigate both systems. We ensure your restitution orders are accurate while simultaneously building a civil case to secure your financial future.
Discuss Your Options