Restitution Claim Filing Steps

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Summary

Restitution in California is based on actual losses and the offenders ability to pay. Economic and non-economic losses can be claimed. File a victim compensation application with CalVCB, provide all supporting documents, and cooperate with law enforcement. Consult a lawyer for personalized advice.

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yeah in CA if lets say a 25 year old black man living in monrovia who doesn't work and possibly has some kind of mental disorder or autism. Lives with his mom the house his mom owns which is estimated at a value at 1mil. whether any of this would give a determination or clue for how much he owns for an attempted robbery and assault he caused on me
In California, the factors you've mentioned (race, employment status, mental health, or living conditions) don't influence restitution amounts. It's based on:
- Actual losses suffered by the victim
- The offender's ability to pay
Can you provide more details about the losses you've suffered due to this incident?
what do you mean by losses particularly because i know economical losses is something like tangible but, what if there is a loss that I felt like was caused and have evidence for but that the connection isnt *% tieable to it
In law, losses can be economic (like medical costs, lost wages) or non-economic (like pain, suffering). If you have evidence of a loss but the connection isn't clear, a court may still consider it. The key is to demonstrate a reasonable connection between the incident and your loss.
its because the incurred trauma to my head which was later diagnosed to be a concussion made the remainder of my semester I was finishing to be challenging. the very next day i had * tests and i dont recall the grades of them but the concussion interfered with my learning ability so much so that I needed to request withdrawal from the course but unfortunately the window for withdrawals passed by the time I attempted and I got an F in that course
I'm sorry to hear about your situation, Toby. In California, you may be entitled to restitution for losses related to the incident, such as:
- Medical expenses for your concussion treatment.
- Academic impacts, if you can prove a direct link between the incident and your academic performance.
It might be helpful to consult with a lawyer for specific advice.
what kind of proof would be able to satisfy the above saif
In California, relevant proof might include:
- Medical records documenting your concussion.
- Academic transcripts showing a decline in grades.
- Written communication about your request for course withdrawal.
- Testimonial from a doctor/psychologist about your impaired learning ability post-incident.
Remember, every case is unique and it's best to consult with a lawyer.
i beliee i would be able to get a testimionial from my therapist and have already turned in the diagnosis of the concussion but I didn't previously know that this might be somehting i could get restitution for which is why i had only turned in the medical records and expenses
That's a good start, Toby. You can file a restitution claim with the court. The evidence you've mentioned could support your claim. Please consult with a lawyer for a more personalized advice.
how would one file a restitution claim in ca
In California, you may follow these steps to file a restitution claim:
- Report the crime to police and cooperate fully with the investigation.
- File a victim compensation application form with the California Victim Compensation Board (CalVCB).
- Provide all requested documentation to support your claim including medical reports, testimonial, etc.
- Attend court hearings and provide testimony if required.
Remember to consult with a lawyer for personalized advice.
do i need to wait for the detectives to get back to me on the case before making the victim compensation applicayion?
In California, you can file a victim compensation application even if the investigation is ongoing. It's important to cooperate fully with the detectives and provide updates as your case progresses. Consult with a lawyer for personalized advice.
is there anything i should be aware of when filing the application or criteria i must satisfy to make sure that the claim is proceesses
In California, for a successful restitution claim:
- Ensure your application is accurate and complete to avoid delays.
- Include all supporting documents like medical reports, testimonial, etc.
- Cooperate fully with law enforcement and the court.
- You must be the direct victim of the crime.
- The crime must have occurred in California.
- The crime must be reported to law enforcement.

Consult with a lawyer for personalized advice.
whay does calling a judgment mean?
"Calling a judgment" generally refers to the process of asking the court to decide a case or issue a decision. In your context, once you've filed your restitution claim, the court will review the case and "call a judgment," meaning it will issue a decision on the claim.
so if they dont have the money but their family does then I'm assuming that they just get a greater jail time or consequence elsewhere then? Unless a family member so chooses to help
In California, a defendant's inability to pay doesn't directly influence their sentence. Restitution is separate from criminal penalties. It's the defendant's responsibility to pay, not their family's, unless they willingly help. Please consult with a lawyer for further advice.
so what then if the criminal isn't able to pay for the restitutions amount
In California, if the offender can't pay the full restitution immediately, they might be ordered to make periodic payments. If they still don't make payments, the court could take additional steps, like wage garnishments or liens on property. Consult with a lawyer for personalized advice.
but i thought you said that resititution to actually be decided upon by the court lies on the offenders ability to pay?
Yes, the court does consider the offender's ability to pay. However, it doesn't mean the offender is exempt from paying if they can't immediately afford it. They may be allowed to pay in installments or other methods may be used to enforce payment.
i mean how do they decide such decisions like this. Like lets break it down into * hypotheticals. hyp * the concussion has caused the student to have a significant impact on grades and they fail all their * classes and their is claim in the victims story their is evidence of concussion from the doctors diagnosis, and their is a supplementary evidence from the therapist explaining the struggles. The victim also has their previous semsters gradea and breakdown of the grades and other semesters for reference to show the difference in gpa. Lets also say this student wasnt receivng financial aid for this semester so it totals up around *.5k in costs. If the offender cant pay this what are some alternative situations the court or judge might see to take? And would the total amount of restitution amount for the loss be able to be won back?
In a situation like Hypothetical *, the court would likely consider:
- The evidence you've provided about your concussion and its impact on your grades.
- The offender's ability to pay.
If the offender can't pay, the court might:
- Order them to make periodic payments.
- Implement wage garnishments or liens on their property.
Yes, you could potentially recover the full restitution amount, but it depends on many factors. Consult with a lawyer for personalized advice.
alright now hyp * lets just say its concussion and back injuries occurred and everything is pretty much the same with doctor, therapist evidence, but now there's also the PT's added notes on top of that and the insurance breakdown of medical costs. How are medical costs dealt with because the victim has insurance so there are the actual cost to see the doctors etc. which can potentially rack up to 15k in some instances, and theres the copay which one is considered
In California, restitution can cover both copays and the actual cost of medical treatment. The goal is to make the victim "whole." It's crucial to present all medical bills and insurance statements to the court. Please consult with a lawyer for personalized advice.
okay so whats the difference between compensations and resttuitions
Compensation and restitution in legal terms are:
- Compensation: It's a broader term usually related to personal injury cases. The goal is to put the victim back in the position they were in before the injury. It can include lost wages, medical bills, pain, and suffering.
- Restitution: It's a payment by the offender to the victim as part of the offender's punishment. It's specific to criminal cases and is ordered by a court.
what do you mean a specific to ?
"Specific to" means that restitution is unique or applicable to a certain circumstance. In this case, restitution is unique to criminal cases and is ordered by a court as a part of the offender's punishment.
so a civil case for discrimination would not have restitution
Correct, Toby. Restitution typically applies in criminal cases. In a civil case for discrimination, you'd likely be seeking damages, not restitution. Damages can compensate for things like lost wages, emotional distress, or punitive damages. Please consult with a lawyer for personalized advice.
you said the offender is usually only responsible for the econcomical parts correct? so then what happens in the case that some emotional distress is incurred and lets say for hyp1 that the victim also argues the loss of classes and time from that semester since the victim will now have to take the classes again and cant gain back that lost time
In California, restitution can potentially include compensation for emotional distress and lost opportunities, such as having to retake classes. However, quantifying these non-economic losses can be complex and it's crucial to consult with a lawyer for personalized advice.
wait so then the offender wouldnt pay fo the compensations for this part only the economic stuff and then someon else pay fo the compensaition pat
In California, the offender is required to pay restitution which can cover both economic and non-economic losses. However, the specifics can vary depending on the case and court's decision. Consulting a lawyer can provide personalized advice for your situation.
so then who pays for compensations in civil rights cases
In civil rights cases in California, the party found liable (usually the offender) is generally responsible for paying compensation. This can include both economic and non-economic damages. However, each case is unique, so it's advised to consult with a lawyer.
oh i thought i read somewhere that usually the atttorney general pays for compensations
In California, it's typically the party found at fault who pays damages in civil rights cases, not the Attorney General. The Attorney General's office may get involved in civil rights cases, but they don't pay compensation. It's advised to consult with a lawyer for accurate advice.