School navigation

National Crime Victim Law Institute

Partnering To Ensure Full Restitution

May 03, 2018

It is well-settled law that civil settlements and criminal restitution serve different purposes and compensate victims for different losses. Despite this an Arizona court ordered zero restitution to a victim who suffered severe injuries that clear evidence revealed required future surgeries.  The court did this by relying on a limited civil settlement. The victim filed a motion for reconsideration and initially prevailed.  Ultimately, however, the court imposed an arbitrary deadline for submitting specific evidence of economic loss and when the victim could not comply because of the very nature of her injuries, the court once again ordered $0 in restitution.  Arizona Voice for Crime Victims and NCVLI’s legal team, including two Crime Victim Litigation Clinic students, provided research and analysis in support of the victims’ appeal on the basis that the court violated her rights, including her rights to due process, and that a $0 restitution order is unlawful.  We will keep you posted!