Legal Question in Criminal Law in California

Re: Restitution

Unfortunately, the amount of damages a victim can receive in criminal restitution is somewhat limited - generally to out of pocket or other easily provable costs. By contrast, in a civil suit, which you might consider to file, court can award less tangible damages such as for pain and suffering as well as costs which would extend into the future.

I am not quite sure whether you would succeed but I would at least talk to the prosecution, and the judge at a restitution hearing, that the treatment and other costs are likely to increase in the months and years ahead. Perhaps the judge could fashion some kind of order taking these things into calculation. The court will retain jurisdiction over the defendant and ability to supervise his progress on restitution obligations, throughout the period of probation.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com