Legal Question in Personal Injury in Indiana

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.

Asked on 11/01/07, 10:08 am

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

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.

Read more
Answered on 11/01/07, 2:25 pm

Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Indiana