If a drunk or reckless driver hurt you in Illinois, your crash may produce two separate cases and two sources of money. Restitution comes out of the criminal prosecution. Compensation comes out of your civil claim against the driver and their insurer. Accepting one does not mean giving up the other.
That matters the moment a restitution questionnaire or notice of restitution lands in your mailbox, because those forms come from the criminal case, not your claim.
What Restitution Is
Restitution is money a criminal court orders a convicted defendant to pay you as part of their sentence. In Illinois, criminal charges are brought by the county State’s Attorney (55 ILCS 5/3-9005), not a district attorney, and that office handles restitution rather than your own lawyer.
When someone is convicted of an offense that injured you or damaged your property, the court must order restitution and set the amount based on the losses proximately caused by the defendant’s conduct (730 ILCS 5/5-5-6). It then fixes a payment period, generally no longer than five years.
The limit worth understanding is scope. Restitution reaches actual out-of-pocket expenses, losses, damages, and injuries, and expressly does not cover pain and suffering. For a seriously injured crash victim, that leaves out most of what the case is worth. It also depends entirely on a conviction, and even a court order does not guarantee payment, since collection depends on what the defendant has.
What Compensation Is
Compensation is what you pursue in the civil system, usually against the at-fault driver’s insurer. It is measured by your losses rather than by a criminal sentence, and it is far broader: medical bills, lost wages, reduced earning capacity, property damage, pain and suffering, and loss of normal life.
Two Illinois rules shape what that claim is worth. You generally have two years from the date of injury to file (735 ILCS 5/13-202), and the deadline is unforgiving once it passes. You can also still recover if you were partly at fault, as long as your share is not more than 50%. Above that, recovery is barred; at 50% or less, your damages are reduced by your percentage (735 ILCS 5/2-1116). Our post on the Illinois statute of limitations covers the deadlines in more detail.
| Restitution | Civil compensation | |
|---|---|---|
| Which case | Criminal | Civil |
| Who orders it | The sentencing judge | A settlement with the insurer, or a jury |
| Who pays | The convicted defendant | Usually an insurance company |
| Requires a conviction | Yes | No |
| Pain and suffering | Excluded by statute | Recoverable |
| Who handles it for you | The State’s Attorney’s office | Your own attorney |
A Third Source: Illinois Crime Victim Compensation
Illinois also runs a crime victim compensation program, separate from both of the above, that does not require anyone to be arrested or convicted. It covers pecuniary loss such as reasonable medical, hospital, and funeral expenses and psychological treatment, up to $45,000 per victim for a crime committed on or after August 7, 2022 (740 ILCS 45/10.1).
It is a payer of last resort: awards are reduced by benefits payable from other sources, and you must first exhaust what is reasonably available through insurance, workers’ compensation, and public benefits.
Do You Have to Choose?
No. Illinois law states plainly that a restitution order does not preclude a party from proceeding in a civil action to recover damages caused by the defendant’s criminal misconduct (730 ILCS 5/5-5-6). The two run on parallel tracks.
What you cannot do is collect twice for the same loss. If restitution or a victim compensation award already paid a medical bill, that bill is not recoverable again, and a compensation award may need to be reimbursed out of a later recovery. Keep careful records of what each source paid.
If a drunk driver caused your crash, a Chicago DUI injury lawyer can pursue the civil claim while the criminal case proceeds separately, and an Illinois car accident lawyer can explain what the restitution paperwork does and does not affect.
Frequently Asked Questions
Is compensation the same as restitution?
No. Restitution is ordered by a criminal court against a convicted defendant and is limited to out-of-pocket losses. Compensation is what you recover in a civil claim, it does not require a conviction, and it can include pain and suffering.
What is the difference between restitution and reparation?
In everyday use they overlap, and both describe repairing a loss. In an Illinois criminal case, restitution is the specific term for court-ordered payment from a convicted defendant to a victim under 730 ILCS 5/5-5-6.
Does accepting restitution stop me from filing a civil claim?
No. Illinois law states that nothing in the restitution statute precludes a civil action for damages caused by the defendant’s criminal misconduct. You cannot recover the same loss twice, but restitution alone rarely covers the full value of an injury claim.
What does restitution cover in Illinois?
Actual out-of-pocket expenses, losses, damages, and injuries proximately caused by the criminal conduct. Pain and suffering is expressly excluded, and the court generally sets a payment period of up to five years.
You pay nothing unless we recover money for you, which is how a contingency fee works. Contact 844-SEE-MIKE for a free, no-pressure consultation. This article is general information about Illinois law, not legal advice about your case.
