I was told by the State Attorney that I can opt for restitution. What is restitution?
At a criminal proceeding for a DUI, the judge can often assign different levels of sentencing for a defendant who is found guilty. These could include community service, suspension of license, fines and even imprisonment. In some instances, if the DUI resulted in an accident, the judge can order the defendant to pay money as compensation. This is known as restitution.
Will accepting restitution affect my claim for injuries against the defendant? Accepting restitution at a criminal proceedings MAY affect the damages you are potentially awarded in a civil claim for injuries. Because the attempts to prevent “double dipping”, the amount of restitution awarded will be deducted from any damages awarded a victim in a civil claim. There are many arguments for accepting restitution just as there are many arguments to opt out of restitution. In the end, you will have to make the choice, and being fully informed of your options in imperative.
Am I entitled to restitution, and if so, should I opt for it? Call the law office of Dan Newlin & Partners at (407) 888-8000: Accident cases involving DUI driver present very complicated legal matters as it involves both the civil and criminal justice system. For that reason, my staff and I ensure that our clients are fully informed of all of their legal option. If you have to appear in criminal court as a witness, one of our attorneys will ALWAYS be there with you. Only if you have all of the facts can you be capable of making an informed decision. It is our goal to ensure that your rights are always protected and that you recover every dollar you are entitled to. If you or a loved one have been involved in an accident caused by a DUI driver, please call or contact me today for free legal advice.