If a man broke my jaw by punching me, after 2 surgeries will a judge will order restitution in criminal court?
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If a man broke my jaw by punching me, after 2 surgeries will a judge will order restitution in criminal court?
All medical care that I was subjected to from the date of the battery to present is a result of the battery. Will a judge order restitution for my medical bills in a criminal court proceeding or will I have to hire an attorney and pursue the issue in civil court?
Asked on March 26, 2012 under Criminal Law, Kansas
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 years ago | Contributor
Typically, if the criminal case is still proceeding, and the defendant pleads guilty or is found guilty at trial, then at sentencing, the prosecutor in the case will ask you to turn over all your medical expenses and other damage claims resulting from the incident for the judge to consider as "restitution" for the defendant to pay. If the case has already been adjudicated, and no restitution was ordered, then your only remedy is to file a civil suit against the defendant, usually in small claims court, to seek a monetary judgement against the person for your damages. With civil suits, you can file them by yourself or hire an attorney to do so if you feel more comfortable doing so.
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