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Victims can do two things to increase the likelihood that restitution will be ordered in their case: gather information about their financial loss, and request that restitution be ordered.
(In some states, a victim's in-court statement must be limited to describing the impact of the offense and cannot include any opinion about the sentence that should be given, including restitution.
In those states, the prosecutor can still seek restitution.) When courts order restitution, they look not only at the victim's losses but also at the offender's ability to pay.
Victims should also tell prosecutors early in the process that restitution is important to them, so that prosecutors can be prepared to request restitution as part of any plea agreement, sentence, or condition of probation.
If victims have the opportunity to address the court at the time a plea agreement is presented or at sentencing, they should specifically describe the financial impact of the crime and, if permitted in that state, request restitution.
Civil damages can include losses not covered by restitution, such as payment for pain and suffering, payment for intentional infliction of emotional distress, and even punitive damages-damages imposed just to punish the defendant.