What is the test for determining whether a person is entitled to restitution in a personal injury claim?
California, United States of America
The following excerpt is from People v. D.B. (In re D.B.), E057615 (Cal. App. 2013):
entitled to restitution and that the restitution is to be 'based on the amount of loss claimed by the victim.' Thus, a victim seeking restitution (or someone on his or her behalf) initiates the process by identifying the type of loss ([Pen. Code,] 1202.4, subd. (f)(3)) he or she has sustained and its monetary value." (People v. Fulton (2003) 109 Cal.App.4th 876, 885-886.)
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