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Answers to Personal Injury, Wrongful Death, and Car Accident Questions

Q: I was injured by a drunk driver in a dui car accident and have a restitution order from the criminal court.  Can I still file a civil lawsuit for compensation?  What effect does a settlement or civil judgment have on my criminal restitution order?

A: If you are injured due to the criminal act of another person and the criminal is ordered to pay restitution by the criminal court, you may be able to recover money via the criminal restitution order.  However, criminal restitution orders are generally inadequate and do not match the type and extent of compesation that can be acheived by a civil settlement or judgment.

As a general strategy, victims of crimes should pursue both a criminal restitution order and a civil remedy in order to acheive full compensation for the wrongful conduct of the criminal.  Pursuing a civil action does not prevent you from seeking compensation under the criminal restitution order.

Recently, the California Appellate Court addressed the issue of criminal restitution orders versus civil judgments and remedies in the case of Vigilant Insurance Company v. Chiu.  We have written about this decision which holds that injury accident victims may pursue both civil and criminal remedies to obtain full compensation for their injuries.

Our San Diego car accident lawyers provide important strategies and news affecting San Diego, CA auto wreck victims. Follow our Facebook updates for more information.

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