Differences Between Compensation and Restitution

While most injury claims resulting from auto accidents are handled solely as civil matters, some accidents actually result in two separate cases: there is the civil case, in which you’re pursuing compensation for your injuries via the insurance company, and the criminal case, which will involve a prosecutor from the District Attorney’s office. Accidents which involve both commonly involve reckless driving to a criminal extent, such as intoxicated driving.

Restitution and insurance claims are often confused with each other, so it’s important to understand the differences between the two. If you were injured in an accident which has led to a criminal case, you may receive a “restitution questionnaire” or “notice of restitution.” The premise of restitution is that a criminal sentence, in this case against a negligent driver, should include direct compensation for the victim’s injuries as part of a plea bargain.

While fines are pre-determined and meant to punish, restitution is meant to repay a victim for his/her injuries and losses.
Anything pertaining to insurance that is not restitution is part of the claim itself. While your attorney handles the claim, restitution is typically handled by the DA’s office in your jurisdiction.

The amount of restitution may depend on a number of factors, including:

• Your injuries and losses;
• The severity of the offense;
• Economic gains (if applicable) of the offender;
• Financial burden on the victim, government, and other entities damaged by the crime;
• The offender’s financial resources and future ability to pay.

While your injury claim and restitution are separate matters, we are happy to assist and advise you regarding what actions may be necessary to comply with the DA and ensure that your restitution is handled. For your injury claim, we are here for you every step of the way to ensure that you are fully compensated for your injuries and losses. We don’t earn a dime unless you do.

If you or a loved one has been injured in an accident, contact 844 See Mike for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.

Lastly, 844 See Mike is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

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