If the defendant is either uninsured, doesn’t have lots of assets, or both, you may actually be wasting your time by filing a personal injury lawsuit against him or her. You may have a case, but it’s worth filing a personal injury lawsuit against the defendant only if he or she has enough insurance or assets to pay your settlement in full. Your personal injury lawyer in Owen Sound will tell you that.
Is Filing a Personal Injury Lawsuit Worth Your Time and Effort?
If you file a lawsuit as a plaintiff, expect to be questioned a lot. You’ll probably also have your character questioned. You may actually be wasting your time, effort, and money in suing a broke and uninsured defendant since you’ll be spending considerable amounts of your own money to file a lawsuit against the defendant and make sure that it goes to trial.
Auto Insurance is the Exception
A lot of personal injury cases are caused by motor vehicle accidents. So, most motorists are required (by law) to carry some form of auto insurance. Insurance companies are also required to offer motorists underinsured or uninsured coverage.
About a dozen states also have no fault laws. These will automatically reimburse the plaintiff in the event of an accident.
Uninsured Motorist (UIM) Coverage
This will pay for almost all of the plaintiff’s damages if the defendant is uninsured. Many motorists reject UIM coverage since it makes their policies much more expensive, but if a plaintiff has it and is hit by an uninsured motorist, the plaintiff can still recover some damages.The plaintiff will receive a settlement up to the limits of the UIM coverage.
“No Fault” Laws
If you’re the plaintiff and you’re injured, your insurance company will automatically reimburse you. It doesn’t matter if the defendant has insurance or assets. However, you’re not allowed to sue the defendant for damages since you can’t be reimbursed twice. You can however, sue the defendant if you have sustained serious injuries.
A lawyer will be able to help you with the legal aspects of your claim. They’ll negotiate with the insurance company on your behalf and help you get the best settlement for your injuries, as well as file all necessary paperwork in a timely manner.Choose a lawyer with experience in this area and make sure that he or she has been licensed by your state bar association. Check out their credentials (e.g., education, experience) as well as references from previous clients who have hired them successfully before you decide whether or not they’re right for your situation.