What is the test for determining the amount of restitution in a personal injury action?

California, United States of America


The following excerpt is from The People v. Balestra, 76 Cal.App.4th 57, 90 Cal.Rptr.2d 77 (Cal. App. 1999):

As appellate courts have frequently observed, "[T]he trial court is vested with broad discretion in setting the amount of restitution; it may '"use any rational method of fixing the amount of restitution which is reasonably calculated to make the victim whole . . . . "' [Citations.]" (People v. Tucker (1995) 37 Cal.App.4th 1, 6.)

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