What is the test for determining the exact amount of damages awarded by a court to a defendant in a personal injury action?

California, United States of America


The following excerpt is from The People v. Rios, H034481, No. F00786, No. F00788, No. F00790 (Cal. App. 2010):

Thus, "[w]hile the court need not order restitution in the precise amount of loss, it 'must 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.' " (People v. Chappelone (2010) 183 Cal.App.4th 1159, 1172; see also People v. Ortiz (1997) 53 Cal.App.4th 791, 800 [while the amount of restitution cannot be arbitrary or capricious, there is no requirement the restitution order be limited to the exact amount of the loss in which the defendant is actually found culpable, nor is there any requirement the order reflect the amount of damages that might be recoverable in a civil action].)

Finally, we note that "[i]f there is no substantial evidence to support the award, and assuming no other rational explanation, the trial court will have obviously abused its discretion." (People v. Thygesen (1999) 69 Cal.App.4th 988, 993 (Thygesen))

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)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
In an action brought by defendant in a personal injury case against plaintiff, who is seeking to vacate an arbitration award, is defendant's claim that the award has been forfeited? (California, United States of America)
Does a defendant plead in bar to a plaintiff's action in the municipal court for damages for personal injuries arising out of a motor vehicle accident? (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)
In what circumstances will a court award attorney fees to a plaintiff in a personal injury action where the award was significantly reduced from the original request? (California, United States of America)
In a personal injury action, can a defendant argue against a punitive damages award for failing to provide evidence of his financial condition? (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 factors were considered in determining the quantum of damages awarded to a plaintiff in her personal injury action? (California, United States of America)
Does a court have jurisdiction to award costs and attorney fees in a personal injury action where the substantive demand is within the jurisdiction of a municipal court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.