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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