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

California, United States of America


The following excerpt is from People v. Ouriel, B235094 (Cal. App. 2013):

The court's ruling does not constitute reversible error for lack of sufficient particularity. As noted elsewhere, "determination of the amount of restitution is reversible only if the appellant demonstrates a clear abuse of discretion. [Citation.] No abuse of discretion is shown simply because the order does not reflect the exact amount of the loss, nor must the order reflect the amount of damages recoverable in a civil action. [Citation.] In determining the amount of restitution, all that is required is that the trial court 'use a rational method that could reasonably be said to make the victim whole, and may not make an order which is arbitrary or capricious.' [Citation.] The order must be affirmed if there is a factual and rational basis for the amount. [Citation.]" (People v. Akins, supra, 128 Cal.App.4th at p. 1382.)

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What is the test for determining the amount of restitution in a personal injury action? (California, United States of America)
What is the test for determining the appropriate amount of restitution in a personal injury action? (California, United States of America)
What is the test for a plaintiff to bring a personal injury action under a statutory change in the law governing personal injury actions? (California, United States of America)
What is the test for determining whether a person is entitled to restitution in a personal injury claim? (California, United States of America)
What is the test for determining the appropriate amount of bond in a personal injury action? (California, United States of America)
What is the test for reducing the amount of restitution at a personal injury restitution hearing? (California, United States of America)
What is the test for determining the appropriate amount of restitution in a personal injury case? (California, United States of America)
What is the test for determining the appropriate restitution for economic loss in a personal injury action? (California, United States of America)
In a personal injury action, how have attorney fees been awarded in personal injury cases? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.