Restitution is a legal concept that involves restoring or compensating for losses or damages suffered by a victim as a result of another party’s wrongful act or breach of duty. It aims to return the victim to the position they were in before the harm occurred or to provide compensation for the harm suffered. Restitution can take various forms, including the payment of monetary damages, the return of stolen property, or the performance of specific actions to remedy the harm caused. It is commonly ordered by courts as part of a civil or criminal judgement to provide redress for the injured party. Restitution serves to promote fairness, accountability, and the restoration of justice in legal proceedings.
a sum of money paid in compensation for loss or injury
n. 1) returning to the proper owner property or the monetary value of loss. Sometimes restitution is made part of a judgment in negligence and/or contracts cases. 2) in criminal cases, one of the penalties imposed is requiring return of stolen goods to the victim or payment to the victim for harm caused. Restitution may be a condition of granting a defendant probation or giving him/her a shorter sentence than normal.
- A process of compensation for losses.
- The act of making good or compensating for loss or injury.
- A return or restoration to a previous condition or position.
- That which is offered or given in return for what has been lost, injured, or destroyed; compensation.
Restitution is the act of giving the monetary value for a loss back to the victim. Restitution may include penalties paid by the defendant in a personal injury case to the plaintiff with the goal of making them whole again. Restitution is another name for award or compensation and can include repayment for medical bills, lost wages and pain and suffering.
Restitution does not include punitive damages which a defendant may have to pay to the injured party. Punitive damages are not paid to “restore” the victim but rather to punish the defendant and to deter similar actions by future persons. For example, if the defendant displayed gross negligence the court may force them to pay punitive damages versus someone who is simply negligent who would only be required to pay restitution to the plaintiff.
Restitution refers to the act of restoring or compensating for loss, damage, or injury caused to another party through unlawful or wrongful conduct.
Restitution focuses on restoring the injured party to the position they were in before the wrongful act occurred, while compensation or damages typically involve monetary payments to compensate for losses or injuries suffered.
Restitution may be ordered in cases of theft, fraud, embezzlement, property damage, conversion, unjust enrichment, or any other situation where one party has wrongfully obtained a benefit at the expense of another.
Restitution can be sought by any individuals, businesses, or government entities that have suffered harm or loss as a result of another party’s wrongful actions.
The amount of restitution is typically determined based on the actual losses or damages suffered by the injured party, including any out-of-pocket expenses, property damage, medical bills, or lost income.
Yes, restitution can be ordered as part of a criminal sentence, where the defendant is required to compensate the victim for losses or damages resulting from the criminal offence.
Restitution may be ordered in civil cases if the court finds that the defendant has been unjustly enriched at the expense of the plaintiff or if the plaintiff has suffered a financial loss as a result of the defendant’s actions.
In criminal cases, the purpose of restitution is to hold the defendant accountable for their actions, provide compensation to the victim, and promote rehabilitation by requiring the defendant to make amends for their wrongdoing.
Restitution orders are enforced through court judgments or orders, and failure to comply may result in additional legal penalties or consequences for the defendant.
Restitution may be waived or negotiated in civil cases through settlement agreements between the parties, where the defendant agrees to compensate the plaintiff for their losses or damages in exchange for the plaintiff dropping the lawsuit or releasing any further claims. However, restitution in criminal cases typically cannot be waived by the victim.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/restitution/
- Modern Language Association (MLA):Restitution. dlssolicitors.com. DLS Solicitors. April 28, 2024 https://dlssolicitors.com/define/restitution/.
- Chicago Manual of Style (CMS):Restitution. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/restitution/ (accessed: April 28, 2024).
- American Psychological Association (APA):Restitution. dlssolicitors.com. Retrieved April 28, 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/restitution/