Redefining 'Victim' and 'Incur' in Restitution

Published: Sept. 18, 2023, 3 p.m.

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Could a grandmother who foots the bill for her grandchild's medical expenses in the wake of a crime be the rightful recipient of restitution? Join us as attorneys and the Supreme Court of Virginia unravel the legal labyrinth in the Commonwealth vs. Puckett case, with insights from legal experts Jordan Minot and Graham Bryant. The arguments navigate the murky waters of legal definitions, reevaluating the concept of a 'victim' with broader implications, and questioning whether indirect financial casualties of crime should be eligible for restitution.

Diving deeper, the parties toss around the broader interpretation of 'incur' in relation to medical expenses and restitution. They pull examples from the AV Automotive, the State Farm, and the Bowers decisions to provide a diverse, contextual understanding. Ponder with us, as they delve into the potential ramifications of a volunteer bearing medical costs and whether such interpretation of 'incur' aligns with the canon of construction for restitution statutes.

Lastly, the arguments dissect the statutory structure of restitution in Virginia, a state which offers broad discretion in restitution awards and commands restitution in certain circumstances. As they wrap up, they reflect on the broader implications of such definitions of 'victim' and 'incur' in the restitution context. They also discuss how the General Assembly might have incorporated qualifying language into the statute and whether the statute, in its current form, still fulfills the objectives of restitution. Join us for this enlightening conversation, offering a fresh perspective on restitution for medical expenses in crimes.

This podcast is brought to you by Virginia Injury and Disability law firm, Ben Glass Law.

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