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

California, United States of America


The following excerpt is from People v. Agustin, H041555 (Cal. App. 2015):

restitution is broad, and it may use any rational method of fixing the amount of restitution as long as it is reasonably calculated to make the victim whole.' " (People v. Millard (2009) 175 Cal.App.4th 7, 26.) " ' "When there is a factual and rational basis for the amount of restitution ordered by the trial court, no abuse of discretion will be found by the reviewing court." ' " (Holmberg, supra, at p. 1320.) But "[i]f there is no substantial evidence to support the award, and assuming no other rational explanation, the trial court will have obviously abused its discretion." (People v. Thygesen (1999) 69 Cal.App.4th 988, 993.)

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