How can victims of criminal activity recover their losses?

On Behalf of | Jan 18, 2025 | Personal Injury

Victims of criminal activity often expect the court system to provide them with justice. If they can identify the person who stole from them, assaulted them or committed another crime, they expect the courts to provide vindication.

Prosecutors can bring charges against the party who committed the crime. Should they secure a guilty plea or a conviction, the courts can impose penalties based on the specific law that the criminal violated. State statutes allow the courts to impose probation and incarceration on defendants. They may also have to pay fines and cover court costs.

While criminal penalties can inspire consequences for those that break the law, they do not necessarily remedy the harm caused to victims. What options do crime victims have when someone else injures them, damages their property or otherwise causes economic harm?

Seeking restitution

The criminal justice system readily acknowledges that victims of criminal activity may experience losses. They may have medical expenses, lost wages and property damage costs to address. The courts can order restitution. Restitution is basically a responsibility to pay the victim for the economic impact of crime. Victims can sometimes cooperate with the state to request restitution during the criminal prosecution of an individual.

Filing a civil lawsuit

Perhaps prosecutors declined to bring charges, or maybe they settled the case without going to trial. There are many scenarios in which the criminal courts may not provide victims of crime with the justice they deserve. Even if prosecutors secure a conviction, the court may not order restitution in every case. Those affected by criminal activity sometimes need to seek justice in the civil courts.

There is a lower standard of evidence in a lawsuit scenario as compared with a criminal trial. People can potentially win a lawsuit even if prosecutors didn’t feel confident about bringing criminal charges. A successful lawsuit can give people a sense of closure and can result in the courts awarding them compensation for the economic harm caused by criminal activity.

Discussing a criminal incident and the impact it has had with a skilled legal team could help victims of crime explore their options. Those who have support and advocacy may be able to demand economic responsibility from those who have broken the law.

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