Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
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I am very sorry for your family's situation. On this website, I do not always get to give good news, and I am afraid that this is one of these times.Our question is, if we pay that restitution can the family still come after our family with a civil lawsuit? I've been told that they can't double dip, is this true?
(although there is a caveat
). If a party is injured, they can only seek restitution via court for whatever restitution they have not already received.
Restitution - payment awarded via criminal court.
Civil damages - payment awarded via civil court.
For example, let us say that I burn down your garage. Your insurance
covers 60% of the damage. You can only sue me for the 40% rest of the damage, not the 100% of the damage.
Now apply this to criminal restitution and civil damages. In Arizona, A.R.S. § 13-807 credits the restitution amount against any civil damage award
However, here comes the caveat: restitution and civil damages are independent under Arizona law, and the state's power to order restitution does not bar
a victim from seeking damages in a civil action
. A.R.S. § 13-807; State v. Pearce, 751 P. 2d 603 - Ariz: Court of Appeals, 2nd Div., Dept. A 1988
. This means that they can seek more in civil court.
The $10,000 is for property destruction
in an accident where insurance is involved in many cases. For injury or wrongful death
, the party can seek more, and even though whatever he pays under criminal restitution will apply towards civil damages, it does not stop them from seeking more than $10,000 in civil court.
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