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National Crime Victim Law Institute

Removing Hurdles to Victims’ Rights

August 10, 2016

An Oregon assault victim incurred substantial costs for his knee surgery.  At the restitution hearing the victim testified about the nature and scope of his injuries and the state introduced evidence in the form of an itemized hospital bill. Defendant objected, arguing that the victim was entitled to recover only “reasonable” medical charges and that the hospital bill alone did not establish reasonableness.  The trial court rejected defendant’s argument but defendant appealed. The Court of Appeals reversed, imposing civil burden of proof requirements.  The state has sought further review and NCVLI filed an amicus curiae brief in support of the petition, arguing that the Court of Appeals inappropriately conflated criminal restitution and private civil tort resulting in substantial injustice. Click here to read the filing and check back often to learn the case outcome!