What If the At-Fault Party Cannot Pay

ELI5: Negligence

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What happens when you’re injured but the person who caused the injury doesn’t have a cent to their name? If you’re going through this, you might feel burdened by the cost of your injury related expenses. Fortunately, if the person who has caused your injury is destitute, there are still ways we can help you get the compensation you deserve. In fact, most personal injury lawyers don’t work a lot of cases where they’re suing the at-fault parties personally. Though it’s possible to garnish wages, or ask the defendant to liquidate certain assets, these types of cases are typically the exception.


For the most part, we work with insurance companies of the at fault party to get you the compensation you deserve. When the insurance company of the at-fault party offers our client a settlement that isn’t enough, we generally start by sending a demand letter. In a demand letter, we tell the insurance company how much money we want them to pay our client. We also build a case demonstrating why we believe our client is entitled to that amount. The insurance company may agree with us and send us a check. Or, they could try to negotiate. If we cannot agree upon an amount, we will go to trial and let a jury decide upon the amount.


In order to ensure the best possible outcome for our clients, we often look for other potentially liable parties. For example, if a client was injured because they purchased a car that should have been recalled, multiple parties could be liable. Depending on what went wrong, the entity that designed the car may be liable, the entity that manufactured the car may have liability, the entity that marketed the car may be liable, and more. In some cases, there may be multiple parties who are liable for the accident. For example, in the case of a car accident, if the owner of the vehicle allows an unlicensed driver to use their car, and the unlicensed driver causes another person to become injured while driving, the owner of the vehicle could have some liability.


It is also possible to personally sue someone. This means that the defendant’s insurance will not be paying the judgment, but the defendant themself will pay the judgment out of pocket. However, most personal injury attorneys will only do this if the person has enough assets to pay the compensation. And, in a lot of cases, it isn’t possible to force the defendant to sell their home or their vehicle in order to pay a judgment. If the defendant does not have the assets to pay the judgment, a personal injury attorney may be apprehensive about taking the case. This is because your chances of getting compensation for your injuries is very low. 


If the party who caused your injury did not have an insurance policy that would cover your injury, your insurance may be able to help you. If you have an underinsured motorist policy or an uninsured motorist policy, those can both help you out in a time like this. Underinsured motorist is for instances where the defendant did not have enough insurance to cover the cost of the plaintiff’s injury related expenses. Uninsured motorist covers policyholders when they’ve been injured by a motorist with no insurance. If the defendant actually has the assets to pay you the compensation you deserve, personally suing the defendant may be an option.


If you’ve been injured in a car accident, and you’re worried about getting the compensation you need in order to pay your injury related expenses, you may need the help of a personal injury attorney. Personal injury attorneys typically offer free consultations to help potential clients decide whether or not filing a claim is in their best interests. And, most personal injury attorneys work on contingency. So, if the personal injury attorney doesn’t get you the compensation you deserve, you don’t have to pay them anything. If you’ve been injured in an accident, and you’re not sure how you’re going to pay the medical bills, don’t wait until collections gets involved. Contact a personal injury attorney today.


At Moxie Law Group, we fight for those who have been injured by the negligence of others. Having to pay for the mistakes of others can be extremely frustrating. And, sometimes, victims of negligence have to pay for another person’s mistakes for the rest of their lives. At Moxie Law Group we understand just how frustrating this can be. If you’re ready to file your claim, contact Moxie Law Group today for a free consultation.

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