Whether you were injured in a car accident, fall, or multiple other means of sustaining spinal cord injury, if another person or party is at fault, you may be entitled to compensation. Spinal cord injury is expensive, and money from a civil lawsuit can help.
Spinal cord injuries come with medical bills and home modifications, vehicle adaptations and caregiver salaries to pay. They also have the potential to diminish quality of life and pain and suffering compensation may be warranted.
But what if the party responsible for your injury doesn’t have appropriate finances?
This is a common occurrence, but not having money does not absolve one’s civil liability for their negligence.
With car accidents and liability lawsuits, the party to blame may have insurance coverage. In suing them, the insurance company writes you the check paying you for your injuries and damages at the end of your successful claim.
Unfortunately, only liability insurance is required by law and those payouts aren’t much.
When the defendant in the claim is found to lack the money and financial resources necessary to pay for a fair settlement or court judgment, you can address this lack of payment through alternate collection methods post-trial.
Post trial debt collecting
One method is the court-ordered process of garnishing the defendant’s wages. If they make an average income or above, most states will allow you to garnish up to 25% of their future income wages. Federal government benefits and most pensions cannot be garnished, however.
Sometimes you can place a levy on business assets. If the defendant is a business owner who cannot offer a proper settlement, the settlement might be compensated by liquidating the business’ assets.
A levy on personal assets will consider using the defendant’s furniture, real estate, motor vehicles, or stock investments.
When you successfully pursue a financially insolvent party for a court award, a judge’s court order generally breaks down the payment plan which may include liens to which you hold the rights.
There is a statute of limitations on how long the situation remains legally viable or pursuable in the eyes of the law. Judgments made in Washington D.C. are valid for three years.
The defendant can attempt to prove that the lawsuit would leave them destitute and may file for bankruptcy. They may be declared judgment-proof and earn an exemption from certain financial obligations to you. Exemptions from paying judgments are rarely the case for personal injury lawsuits, however.
Is a lawsuit worth it?
If you win a case against a financially insolvent defendant, it typically means there will be a significant delay in recovering your financial losses, but through post trial methods, over time compensation may be rewarded.
Take stock of your losses and damages against the time it will take to recover them to determine whether to pursue a lawsuit.
Let Us Help You!
Having a spinal cord injury lawyer working for you can help alleviate any despair you may be feeling due to the financial stresses of your injury. SCI lawyers can give substantial hope to many people after a spinal cord injury. The Spinal Cord Injury Law Firm has vast experience with building strong cases for those who have experienced personal injuries. If you or anyone you know have experienced a personal injury and are looking to pursue a personal injury lawsuit, contact us today at info@spinalcordinjurylawyers.com or 1-877-SCI-FIRM for a free legal consultation. We know personal injury, and we will fight for you to receive the justice and compensation you deserve.
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