What is the test for calculating the appropriate amount of restitution in a personal injury case?

California, United States of America


The following excerpt is from People v. David C. (In re David C.), A148082 (Cal. App. 2017):

A trial court may " 'use any rational method of fixing the amount of restitution which is reasonably calculated to make the victim whole . . . .' " (People v. Goulart, supra, 224 Cal.App.3d at p. 83.) "[W]hile a trial court has broad discretion to choose a method for calculating the amount of restitution, it must employ a method that is rationally designed to determine the surviving victim's economic loss. To facilitate appellate review of the trial court's restitution order, the trial court must take care to make a record of the restitution hearing, analyze the evidence presented, and make a clear

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