Person at Fault for Injury and Assets

Every day there are thousands of innocent people who suffer bodily injuries, which are caused by the fault of another individual’s carelessness or recklessness.  People who have been injured through the fault of someone else often want to be compensated by the party who was at fault.  If you were the victim of an accident caused through someone else’s negligence, that individual is legally responsible to pay damages and/or compensation.

Determining Assets for a Person at Fault for Causing Injury

Personal injury judgments are generally dischargeable in bankruptcy.  An exception may arise if the offending party acted with fraud or malice.  If defendants do not pay the damages awarded by the court, states have procedures similar to the discovery process that allow the plaintiff to find out where the defendant’s assets are and to collect as much of the damage award as possible.

No or Little Assets of Liable Party?

In some cases, the debtor may be intentionally hiding their assets.  You should keep tabs on the person responsible and be on the lookout for the following:

  • If the individual moves
  • If the person gets a new job
  • If they purchase an expensive vehicle or real estate
  • If they inherit money or win the lottery

In many circumstances, the person may move their money by closing one bank account an opening another.  There are lots of ways to collect a judgment, so don’t give up right away.  People’s circumstances can change quickly.

Obtaining Compensation

If the person at fault has no assets, no insurance, and/or is unemployed, it may have an impact on whether an attorney will take your case.   However, the injured person may be able to seek damages from more than one party.  In cases where an employee is liable for the accident, the plaintiff may obtain compensation from the employer if the accident occurred while the employee was conducting business for the company.

How a Lawyer Can Help

You should seek legal advice from an attorney if you have been the victim of an accident.  An experienced personal injury lawyer will be able to file a suit on your behalf and help you through the complex legal process. 

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