36 min listen
Redefining 'Victim' and 'Incur' in Restitution
Redefining 'Victim' and 'Incur' in Restitution
ratings:
Length:
27 minutes
Released:
Sep 18, 2023
Format:
Podcast episode
Description
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.Real legal help for real people Your life has been disrupted. You have good doctors and they support you. Your personal injury or long-term disability claim seems like a slam dunk. But there’s a problem: The insurance company doesn’t believe you. “You can’t be hurt that bad! Our medical experts say you’re fine.” You need a trusted advocate who can uncover all the facts, tell your story to the skeptical insurance company, and get you the money you deserve. You don’t have to do this alone. Contact our Virginia personal injury and long-term disability lawyers today for a free consultation or denial letter review. Get a free consultation
Released:
Sep 18, 2023
Format:
Podcast episode
Titles in the series (100)
January 2020 Davis Construction v. FTJ, INC: This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case JAMES G. DAVIS CONSTRUCTION CORPORATION v. FTJ, INC., F/K/A CIESCO, INC. (Record Number 190345) From Circuit Court of Arlington County; L. DiMatteo, Judge.... by Oral Arguments of the Supreme Court of Virginia