Restitution for Crime Survivors
Publication date: July 2023
Purpose of this Publication
Restitution is the payment of money damages to the crime victim. These money damages are for losses or injuries suffered because of the crime.
This publication provides you with information about how crime survivors may be eligible for restitution, how to access restitution payments, and other information you should know about restitution
Do I Qualify for Restitution?
To qualify for restitution, you must meet the following three criteria:
There must be a criminal case.
The defendant must be convicted of a crime in that case.
You must have suffered monetary loss because of that crime.
What Can I Get Restitution For?
You can get restitution for losses that can be proven to have happened because of the crime. Usually, this is done through receipts or invoices.
Examples of items you can get restitution for include:
Past and future health care services, including medical, hospital, counseling, nursing, and rehabilitative services
Burial and memorial expenses
Lost income
Payments for help around the house, such as house cleaning
Attorney fees
Costs to repair or replace lost or damaged property
You cannot get restitution for pain and suffering or emotional distress.
How Do I Request Restitution?
Restitution is requested through the District Attorney’s office. The Deputy District Attorney must investigate and present information to the court about how much restitution is owed.
You will need to give the Deputy District Attorney information about your losses, so they can best present your case. This information might include invoices and receipts.
Most District Attorneys’ offices have a restitution form that you can use. That form will help you know what to collect and document.
If you need more time to fill out the forms, or if you need an accommodation, let the District Attorney’s Office know as soon as possible.
Will the Judge Make the Defendant Pay Restitution for All My Losses?
Generally, yes, the court must award full restitution.
The only exception to the court awarding full restitution is if you agree that restitution will be for less than the full amount. Sometimes you have to agree to that in writing.
What Happens If the Defendant Can’t Afford to Pay Restitution?
The defendant’s ability to pay restitution is not a factor in deciding how much restitution will be awarded—but it is a factor in deciding whether the defendant must pay the full amount of restitution right away.
How and When is Restitution Paid?
If the defendant can pay the whole restitution amount at sentencing, they must do so.
If the defendant cannot pay the whole restitution amount at sentencing, the defendant pays restitution to the court in installments. The court then makes the payment to the victim. This means that the defendant cannot pay you directly.
If the defendant can’t pay all the restitution at once, it’s usually included as part of their probation or post-prison supervision. The defendant has the entire period of probation or post-prison supervision to pay the full amount of restitution.
What If I’m Not Getting Paid?
Even if you are awarded restitution, you might not get paid. If this happens to you, contact the supervising judge or the probation officer. Include the name of the defendant and case number, if you know it.
If I Get Restitution, Does That Mean I Can’t Sue the Defendant in Civil Court?
No. You can still file a civil suit against the defendant. But you can’t get “double recovery.” If the defendant pays you restitution for your medical bills, for example, you can’t get your medical bills paid a second time after a civil suit.
How to Request Help
Call us at 503-243-2081 or 1-800-452-1694 ext. 243.
Send us an email at csp@droregon.org
Send us a letter at Disability Rights Oregon, 511 SW 10th Avenue, Suite 200, Portland, Oregon 97205
Disability Rights Oregon operates its program, services, and activities in compliance with federal nondiscrimination laws.
Copyright © 2023 Disability Rights Oregon
511 SW 10th Ave, Suite 200, Portland OR 97205
Voice: 503-243-2081 or 1-800-452-1694
Fax: 503-243-1738
E-mail: welcome@droregon.org
Website: www.droregon.org
Disability Rights Oregon is tax-exempt under Section 501(c)(3) of the Internal Revenue Code. Contributions are tax-deductible and will be used to promote the rights of Oregonians with disabilities.
Portions of this document may be reproduced without permission, provided that Disability Rights Oregon is appropriately credited.
NOTICE: This document is not intended as a substitute for legal advice. Federal and state law can change at any time. You may wish to contact Disability Rights Oregon or consult with an attorney in your community if you require further information.
