The major difference between restitution and the damages obtained in a civil lawsuit is the process for obtaining them. In a criminal prosecution, you submit bills to the prosecution. The prosecutor then presents the figures to the defense and the court. The judge ultimately decides how much victim restitution to award. In a civil suit, on the other hand, you must bring the case and prove liability and damages by a preponderance of the evidence. This can often be a lengthy process. It can sometimes take years to reach a final resolution if a trial is required or the defendant appeals.