A primary consideration in any personal injury claim is whether the defendant can afford to pay damages if the plaintiff prevails. If the defendant is not wealthy, the only available source of payment is likely to be an insurance policy, if such a policy is available. Here, readers can learn about suing defendants with limited auto insurance.
Is it Worthwhile to File a Claim?
Litigation can be stressful for plaintiffs and defendants. While many assume that a plaintiff hires an attorney who takes care of everything, that is rarely the case. Most lawsuits require significant input from plaintiffs whose character may be questioned. If a defendant lacks the assets or the insurance coverage to pay damages, even the most emotional plaintiff should question whether a lawsuit is worthwhile. Even if the suit is filed for punitive reasons, it can be costly for a plaintiff as well. The best personal injury case is worthless if the defendant cannot afford to pay damages, but a Personal Injury Attorney in Tacoma WA with website can help a client make the right decision.
Auto Insurance and Special Circumstances
Because many personal injury claims arise from auto accidents, most states require drivers to have auto insurance. Most jurisdictions require companies to offer under/uninsured motorist (UIM) coverage, and some have no-fault laws. The combined effect of no-fault laws and UIM is that a plaintiff’s insurer pays their damages and lawsuits are sometimes disallowed.
If a plaintiff’s injuries are from an accident where the at-fault party has no insurance, they may be able to recover from their own insurer without filing a costly lawsuit against a financially strapped defendant. However, if the victim’s injuries occurred due to something besides a car accident, the plaintiff may need to face the reality that suing a defendant who lacks insurance and assets may not be worthwhile-;regardless of the person’s level of negligence. It can be complicated to determine potential sources of recovery, and it is typically in the plaintiff’s interest to hire a Personal Injury Attorney in Tacoma WA to determine the feasibility of filing suit against a defendant.