How can I recover the costs associated with my injury?
Restitution, civil penalties, and victim compensation
One of the most common questions I get as a personal injury lawyer is how do I get compensated for my injuries. This article discusses the various methods of compensation including civil damages, criminal restitution, and victim compensation. A common scenario of dual criminal and civil proceedings is personal injuries sustained during an alcohol related motor vehicle collision. A person convicted of DUI, aggravated assault or manslaughter due to personal injuries sustained during an alcohol related motor vehicle collision may be ordered to pay both criminal restitution and ultimately pay civil damages to the victim.
Criminal Restitution
Restitution may be ordered in criminal cases to help compensate a victim for their injuries. There must be a criminal conviction for a victim to be eligible for restitution. The amount of restitution will be determined by the criminal court. Restitution may cover certain injury related expenses such as medical costs, counseling, lost wages, court related expenses, and property loss. These type of expenses are often referred to as “economic damages.” For example, a victim may have medical expenses or lost wages due to personal injuries sustained during an alcohol related motor vehicle collision.
It is important to note the difference between criminal restitution and civil damages. Criminal courts exist for the primary purpose of punishing those who engage in unwanted societal conduct and to deter future crime. While restitution may be available to help compensate victims, criminal courts don’t award restitution damages to make the victim whole. As a result, criminal restitution can often leave the victim uncompensated for some of their personal injury related expenses. Criminal restitution will not cover non-economic expenses, such as pain and suffering or emotional distress. On the other hand, a victim can seek to be made whole through civil court. In civil court, the standard of proof (preponderance of the evidence) is more generous to the victim.
Civil Damages
When criminal restitution is simply not enough to recover the cost of injury related expenses, an action for civil damages may be appropriate. Under Arizona law, a guilty verdict in a criminal court proceeding can help prove fault in a civil court hearing. A tortfeasor is precluded from denying the essential elements of a criminal offense if he or she is adjudged guilty. For instance, a person guilty of criminal battery cannot argue in civil court that he or she did not assault the plaintiff. In the case of an alcohol related motor vehicle collision, the torfeasor can be charged and convicted of aggravated assault if serious personal injuries are caused by the collision. Although the essential elements of aggravated assault are not necessarily synonymous with a civil claim for negligence, the fact that he or she was under the influence of alcohol and convicted of a felony can be used as evidence that the tortfeasor failed to act with reasonable care.
Civil damages are available separate from criminal restitution when a victim (“plaintiff”) files a lawsuit (and wins) in civil court. Civil damages can be awarded on top of criminal restitution. Damages that may be recoverable in a civil action include both economic (e.g. medical bills, lost earnings) and non-economic damages (e.g. pain and suffering and emotional distress).
Victim/Plaintiffs seeking compensation through a civil court will likely benefit from obtaining independent legal counsel. Going through the civil court process alone can be daunting. Luckily, attorneys may take your case on a contingent fee bases if they determine you have a good case and there is an insurance policy or assets to go after. This process helps ensure that victims/plaintiffs who may be going through hard financial times can still receive the compensation they deserve for their injuries. A tortfeasor that causes personal injuries during an alcohol related motor vehicle collision may have a liability insurance policy that covers him or her, and provides an avenue of recover for the victim/plaintiff.
How do all of these mechanisms work with each other?
Criminal restitution and civil damages can be combined to help fully compensate the victim. Victim compensation is a non-judicial method of helping cover out of pocket expenses but if a victim later receives restitution, they may be required to repay the victim compensation fund out of the restitution order. This is not to discourage one of using judicial methods of recovery, but merely enforces the principal that a victim may not recover twice for the same injury.
In conclusion, criminal restitution may be available to help cover easy to prove economic expenses but will not cover non-economic damages like pain and suffering or emotional distress. An action for civil damages can help fill the gap on more difficult to prove costs, emotional damages, and pain and suffering.
If you sustained personal injuries during an alcohol related motor vehicle collision or from another act, contact Paul Ticen if you have any questions about pursuing a personal injury lawsuit against the tortfeasor.
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