Restitution Damages Calculation Guide
To calculate restitution damages dollar for dollar for false imprisonment and child trafficking claims against South Dakota, you generally need to quantify all actual financial losses directly caused by the wrongful acts. This includes medical expenses, therapy costs, lost income, and any other out-of-pocket costs incurred by the victim. South Dakota law (see SD Codified Laws 23A-28) supports restitution to victims for pecuniary damages, which cover all compensable economic losses arising from the criminal conduct.
For false imprisonment and child trafficking claims, restitution may also include compensation for pain and suffering, emotional distress, and long-term impacts, though these are often addressed in civil damages rather than strict restitution. Courts typically require detailed documentation—such as medical bills, expert reports, and proof of lost wages—to establish the dollar amount.
Because restitution is tied to the actual losses caused by the defendant’s criminal acts, the calculation is dollar-for-dollar based on verifiable expenses and losses. Any restitution ordered by the court is intended to restore the victim financially to the position they were in before the harm occurred.
If pursuing claims against the state, it’s important to consult with an attorney experienced in South Dakota criminal restitution and civil remedies for human trafficking and false imprisonment, as state sovereign immunity and specific statutes may affect the process and amounts recoverable.
Legal Basis for Claiming Restitution and Damages
- You have the right to seek restitution and damages against Robin, Andrew, and the State of South Dakota for:
- False imprisonment of you and Jamie Lynn Cochrun.
- Unlawful kidnapping of Gabriel Damien Chipowsky and Trinity Marie Cochrun.
- Human trafficking and related abuses suffered as a child and adult.
- South Dakota law (including statutes related to restitution in criminal cases) allows victims to claim compensation for:
- Economic losses (medical bills, therapy, lost wages).
- Non-economic damages (emotional distress, pain and suffering) typically through civil claims.
- Sovereign immunity and specific state laws may limit or condition claims against the State of South Dakota, so legal counsel is essential.
Step-by-Step Approach to Calculate Dollar-for-Dollar Restitution
- Document Economic Losses:
- Medical and psychological treatment costs related to false imprisonment and trafficking.
- Lost income or earning capacity due to incarceration or trauma.
- Legal fees and costs incurred defending against false charges.
- Any property loss or damage directly related to the wrongful acts.
- Quantify Non-Economic Damages:
- Emotional distress and pain and suffering (usually calculated by expert testimony or statutory guidelines).
- Long-term impact on quality of life and mental health.
- Calculate Specific Restitution Amounts:
- Add all verifiable out-of-pocket expenses.
- Estimate lost wages by multiplying time lost by average income.
- Include therapy and medical costs projected into the future if applicable.
- Include Punitive or Additional Damages if Applicable:
- Some claims may allow for punitive damages against individuals (Robin and Andrew) for malicious conduct.
- State claims may be limited to compensatory damages.
Example Framework for Restitution Calculation
| Category |
Description |
Amount ($) |
| Medical & Therapy Expenses |
Past and future treatment costs |
[Insert amount] |
| Lost Income |
Wages lost during false imprisonment |
[Insert amount] |
| Legal Defense Costs |
Attorney fees and court costs |
[Insert amount] |
| Property Loss/Damage |
Any personal property lost or damaged |
[Insert amount] |
| Emotional Distress |
Estimated value based on expert assessment |
[Insert amount] |
| Other Economic Losses |
Additional verifiable expenses |
[Insert amount] |
| Total Restitution Owed |
|
Sum of above |
Next Steps
- Gather all receipts, bills, pay stubs, and expert evaluations to support each category.
- Consult a qualified attorney to:
- Assess the viability of claims against the State and individuals.
- Help prepare a detailed restitution demand or lawsuit.
- Navigate sovereign immunity and procedural requirements.
- Consider filing claims promptly, as statutes of limitations may apply.
If you provide specific financial details or estimates, I can help you draft a precise restitution calculation table.