What is the test for determining the appropriate restitution for economic loss in a personal injury action?
California, United States of America
The following excerpt is from People v. Hobbs, C073840 (Cal. App. 2015):
Restitution for economic loss shall be in an amount established by the trial court based on the amount claimed by the victim. ( 1202.4, subd. (f).) Once the People have made a prima facie showing of economic loss, the burden shifts to the defendant to demonstrate that the restitution amount is not proper or should be different. (People v. Chappelone (2010) 183 Cal.App.4th 1159, 1172 (Chappelone).)
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