If you are the victim of both financial and criminal harm, you may be able to collect using at least two sources. This article address criminal restitution and civil actions, so read on and to find out more.
Two Forms of Payment
Not all personal injury situations involve criminal acts, but those that do can provide the victim with two or more means of collecting payments. Below are listed some examples of when these two legal worlds intersect:
- An auto accident involving a victim with injuries and a driver who is convicted of a crime such as drunk driving.
- A wrongful death claim in which a serious crime was committed that left a victim without a loved one and financial support.
- An assault that left the victim with permanent injuries.
- A financial fraud case that caused not only financial losses to the victim but impacted their life in a life-changing manner.
Victim Restitution
Crime victims must be assertive and take action quickly if they are to paid compensation. Victims of crimes may be paid for:
- Medical expenses.
- Lost wages.
- Mental health counseling.
- Lost or damaged personal property.
- Crime-scene cleanup.
Personal Injury Torts
Victim restitution covers almost any loss that can be proven with a receipt. Crime victims who have had their lives seriously impacted by harm must file a personal injury suit to be paid for pain and suffering, however. This loss is based on the intangible emotional effects an incident can have on your short-term and long-term mental health.
How Victim Restitution and Personal Injury Compensation Affect Each Other
The above issues are litigated in two different courts, criminal and civil. You cannot be paid for the same expense items twice, so if you receive victim compensation for medical expenses you cannot be paid for those same expenses in civil court.
Getting Paid
A conviction and punishment may strip a defendant of financial means. That means you must consider how likely you are to gain what the court ordered for both victim restitution and civil judgments. The law is on your side when it comes to collecting payment, however. You may be able to tap the following resources:
- Property owned by the defendant can be used, such as homes, vehicles, bank accounts, retirement funds.
- Wage garnishment, including wages earned while incarcerated.
- Income tax refunds.
- Lottery and gambling income.
- Book sales or other earnings by the perpetrator.
To learn more about being paid what you are owed after harm is done to you, speak to a professional like Winstein, Kavensky & Cunningham, LLC.
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