person being sued if restitution was paid
Can someone still sue for personal
injury and win if court ordered
restitution is already paid? The person
suing waited until the last month of the
time frame they would have to sue.
1 Answer from Attorneys
Re: person being sued if restitution was paid
Restitution is part of a criminal penalty for behavior contrary to the peace and dignity of the state. The private party can still seek a remedy. However, the extent of that person's damages should be offset by the amount of restitution paid. Restitution rarely pays for anything except monetary damages. And a private party's claim usually has a substantial element of non-economic damages, like pain, suffering, humiliation and other mental distress. If you are the defendant in a civil action, see if you can find some insurer to cover your defense. If you had a homeowner's policy, that might at least pay for legal expenses.