There is no fee to apply for victim restitution in a criminal case. Bills are submitted through the prosecutor, who is paid by the government. In a civil lawsuit, by contrast, you must almost always hire an attorney. Civil attorneys usually charge a contingency fee. Their fee is typically between 30 and 40% of the total amount recovered in the lawsuit. A civil suit may still result in a larger award than restitution, however. Civil courts can award pain and suffering and punitive damages.