How Does Criminal Restitution in Oregon Differ from a Personal Injury Award?
Many personal injury cases in the Portland area are the result of criminal conduct rather than simple negligence. For example, a person may be killed in a drunk driving accident or sustain a traumatic brain injury during a criminal assault. Under Oregon’s legal system, it is possible for victims of these crimes to recover civil damages through a personal injury claim. Oregon’s criminal justice system also provides for compensation of crime victims through restitution and compensatory fines.
Civil vs. Criminal Burden or Proof
So how do these civil and criminal means of compensating victims differ? For one thing, there are different standards for establishing a defendant’s responsibility. In a criminal case, a prosecutor must prove a defendant’s guilt “beyond a reasonable doubt.” This is the highest burden of proof required by our legal system. But in a personal injury lawsuit, which is a purely civil matter, the plaintiff–i.e., the victim–must prove the defendant was negligent by a “preponderance of the evidence,” a lower standard that effectively means it is more than 50% likely that the defendant was guilty of the alleged negligent conduct.
It is therefore quite possible for someone to be tried and acquitted of a criminal charge yet still found liable in a personal injury lawsuit for the same conduct. This is what happened to OJ Simpson thirty years ago: he was acquitted of murder but found guilty of wrongful death. In that scenario, a victim’s only means of securing any compensation for their injuries is the civil process. This is also true in cases where a prosecutor decides they do not have sufficient evidence to support a criminal conviction, yet an experienced Portland personal injury lawyer may have more than enough evidence to convince a civil jury of the defendant’s liability.
Economic vs. Non-Economic Damages
In a criminal case, an Oregon court can order a defendant to pay restitution as part of their sentence upon conviction. Restitution is compensation paid to the state and then turned over to the victim of the crime. The court may also impose what is known as a compensatory fine. A compensatory fine serves a similar function to punitive damages in a personal injury lawsuit, with the state keeping the fine.
An important difference between criminal restitution and a civil personal injury award is that the former only covers a victim’s economic damages. In other words, court-ordered restitution only compensates you for “dollar-for-dollar” financial losses arising from the defendant’s criminal conduct, such as your medical bills and lost wages. It is not a way to double dip, i.e. recover the same economic loss twice. It also requires the defendant to have the assets to pay the court-ordered restitution, which is not likely in most cases. Finally, restitution does not cover non-economic losses, including your pain and suffering or emotional trauma. Compensation for non-economic damages can only be achieved through a personal injury lawsuit. Additionally, there are some types of economic damages–notably compensation for future diminished earning capacity–that are not covered by restitution but may be awarded in a personal injury judgment.
Contact a Portland Personal Injury Lawyer Today
Whether you were injured in a reckless or intentional criminal act, it is in your best interest to work with an experienced Portland personal injury lawyer who can advise you on your right to seek compensation under the law. Contact Rosenbaum Law Group, PC, today at 503-288-8000 to schedule a free consultation.
