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This statement is handed to the court and helps the judge determine how much restitution is due. As part of the investigation of a crime, you will be interviewed as a victim to determine the extent of your injuries or losses. This will be summarized in a victim impact statement that the judge will use to determine the appropriate level of restitution.
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Let DoNotPay solve this problem for me. We have helped over , people with their problems. Sit back and relax while we do the work. Solve My Problem. Get Started. Want your issue solved now? Hassle Free We have helped over , people with their problems. It is a common perception that lawyers spend a lot of time arguing over minutiae and seemingly mundane details.
Sometimes, these arguments hinge on the meaning of a single word or phrase. While to laymen these may seem like silly arguments, without a clear understanding of the words that laws are built upon, there are situations where it's unclear what duties we owe to one another. While some controversies surround multiple interpretations of the a given word or phrase in the law, it can be equally problematic when two similar words mean markedly different things.
A great example of this concept is the distinction between restitution and compensation. If you think that those two words are interchangeable and pretty much mean the same thing, you're not alone.
I've been guilty of writing restitution numerous times in various blog posts when what I actually meant was compensation. While it may seem like I'm making something out of nothing, confusing these two terms can have disastrous consequences for those who have been injured or lost a loved one when someone negligently breaks the law. Restitution can only be ordered by a judge after a defendant is convicted of a crime, whereas compensation is awarded by a jury when a defendant is determined to have acted negligently caused harm to someone.
The source of the negligence can either be a criminal law that was violated, or a duty laid out in a statute or the common law. While this might not seem like a big deal, this confusion can often foster myths about the legal system that leave victims out in the cold.
Over the years, we have come across numerous victims who have lost relatives in drunk driving accidents, truck accidents, and numerous other types of calamities where the perpetrator was charged with a crime. A surprising number of these folks have been under the impression that they don't need to retain a personal injury attorney because the court will order the wrong-doer to pay restitution.
What these folks don't realize is the limits of restitution. First, in Texas, restitution can only cover actual economic losses. These generally fall into three categories, medical bills, lost income, and property. Courts cannot consider non-economic injuries such as mental anguish, loss of consortium, or pain and suffering. Another problem with restitution is that the amounts are up to a judges discretion and based upon victims impact statements.
Sadly, most people greatly underestimate their losses by not taking into account future lost income and future medical expenses. If that weren't enough, there are many situations, such as minor traffic offenses that lead to catastrophic results, where judges may be hesitant to impose significant restitution. Add to that, the fact that the criminal process is by no means swift, by the time many victims realize that restitution will not make them whole, it becomes more difficult to find an attorney to help them obtain compensation through the civil court system.
I came across a case in the news the other day that seems to fit the pattern for the type of case where restitution will not provide justice for family members. According to media reports, a commercial truck a ran a stop sign at the intersection of FM and County Road in Martin County, Texas. Normally this wouldn't be newsworthy, but after running this stop sign, the truck collided with a passenger vehicle driven by Christopher P. Cortez, who died as a result of the accident. It is doubtful the there would be a victim impact statement for such a minor violation and equally unlikely that a judge would order restitution.
In such a situation, waiting for the outcome of the criminal proceedings costs valuable time that can spent investigating the accident by an outside party and gathering evidence for use in a civil action. While restitution might make sense for victims of robbery, theft, and fraud, for families who've lost a loved one due to a "minor" traffic violation, like the family of Christopher P. Cortez, restitution is probably a non-starter. Perhaps the biggest obstacle to obtaining restitution is the higher burden of proof in criminal cases.
As many people are familiar with, a conviction in a criminal case requires that the government's case be proved beyond a reasonable doubt. Without a conviction, victims have no hope of obtaining restitution. The very basic definition of Compensation is something of value or importance given in exchange for something else. Compensation in this sense could be both of a monetary and non-monetary nature. This is one aspect of Compensation. Another interpretation for the term Compensation is the act of making good a loss or injury suffered.
Therefore, Compensation is an award, typically monetary in nature, given to make amends for a particular loss, damage, injury or the lack of something else. The term also refers to a payment made to an aggrieved party in a legal action for a particular injury, loss or pain suffered as a result of a wrongful act.
Keep in mind that the objective of Compensation, in this sense, is to compensate a person for the loss suffered. Restitution also refers to a type of equitable remedy available in law.
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