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What Happens if you Sue Someone with no Money?

In personal injury cases, you may come across situations where you seek compensation, but the party at fault might not have enough insurance or money to cover the damages.

In such instances, a personal injury lawyer who focuses on the type of claim you are pursuing, whether a car accident injury or slip and fall incident, can help you explore additional ways to seek compensation for your damages and other losses. Here is how a personal injury attorney can help you with your claim if the person you intend to sue does not have enough money:

Identifying Alternative Defendants

Many states, including New York, follow the legal doctrine of comparative negligence in personal injury cases, and victims can pursue compensation from multiple liable parties in an accident. If you work with a personal injury lawyer, they can investigate your case and determine whether or not other parties are legally liable for the incident so that you can sue them and increase your chances at receiving compensation.

For example, sometimes, a third-party contractor, manufacturer, or company might be at fault for the accident. When you have multiple liable parties in a personal injury claim, you have a higher chance of receiving fair compensation, even if one of the entities liable does not have enough money. Under New York’s comparative negligence system, each party can be assigned a percentage of fault for the accident.

The most important aspect is to ensure that you aren’t assigned more fault for the incident than the other party; otherwise, you might lose your compensation right.

Exploring Insurance Coverage

Sometimes, a liable party in a personal injury claim might have limited personal assets. Yet, if you work with a personal injury attorney, they can help you examine the at-fault party’s insurance policies and see if they provide coverage for the incident.

Certain types of insurance, such as uninsured/underinsured motorist coverage, might change various legal aspects of your case and compensation process.

Negotiating a Settlement

Settlement negotiations usually take place when a personal injury lawyer wants to secure fair compensation for their client in relation to the damages they have incurred. Sometimes, these negotiations can include an at-fault party that has limited resources.

In such instances, your lawyer can negotiate a different kind of settlement and resolution that also takes into account the financial situation of the at-fault party but is still ultimately in your best interests.

For example, your lawyer can negotiate structured payments to ease the financial aspects or seek to establish an agreement to place a lien on the at-fault party’s future earnings or assets. Through settlement negotiations, even if the at-fault party currently does not have the financial means to compensate you for your injuries, your lawyer might still be able to secure some kind of financial gain.

Exploring Government Assistance Programs

In some types of personal injury cases where the person you intend to sue does not have enough money to compensate you, your lawyer can help you explore government assistance programs.

This can include programs such as Medicaid or workers’ compensation, which can be used to cover some of your medical expenses and other losses. Everything depends on your unique circumstances.

Protecting Your Rights and Interests

Even if an at-fault party has limited resources in a personal injury claim, your personal injury lawyer will help you explore alternative strategies tailored to your case’s unique circumstances and find ways to seek compensation for the damages incurred.

A personal injury lawyer will protect your rights and interests and allow you to maximize your compensation. They will help you with your case investigation, gather evidence, handle all the legal complexities surrounding your case, engage in favorable negotiations, handle all the paperwork, keep you updated, and allow you to focus on your recovery.

Search for a personal injury lawyer in your area that focuses on the type of personal injury claim you wish to pursue. Most lawyers offer free consultations so you can find out if you have a solid claim on your hands and if you can recover damages from someone with limited resources. Since most personal injury lawyers work on a contingency fee basis, you will only have to pay them if they win your case. Nonetheless, working with a lawyer is among the best ways to maximize your chances of receiving compensation even from a party with limited financial means.