How Do I Know If the Person Who Caused My Injuries Is Able to Compensate Me?
When victims of personal injury are investigating whether or not they have a case, they usually have a lot of questions about what the law allows them to recover and when. However, they often overlook the practical aspect of whether or not the person who caused their injury will even be able to compensate them for their injury, assuming that they can prove the law allows them to recover. A good example of how this practical aspect of a case can be just as important as the legal aspects is a recent judgment in the 193rd State District Court in Dallas, when on May 7th, 2013, Judge Carl Ginsberg ordered a defendant psychic to pay $6.8 million dollars, for causing a couple to suffer public hatred and loss of privacy after falsely claiming that they had a mass grave on their property. Although the plaintiff couple now has a large judgment against the defendant, and has invested thousands of dollars in trying the case to a jury verdict, they still have no idea whether or not the defendant will be able to compensate them for their injuries,
In Texas, it is extremely difficult to collect against a person’s personal assets or income. This is in part because of the practical difficulties of tracking and legally attaching an individual’s finances, and in part because of laws in Texas that are designed to protect individuals from court judgments that would otherwise bankrupt them.
Consequently, often, whether or not you are compensated depends on whether an insurance policy covers the defendant’s actions. Auto, Homeowners, and Business insurance often cover negligent actions. Moreover, in many situations a personal injury attorney will be able to tell you whether or not there is an applicable insurance company before incurring the time and expense of a lawsuit.
If you have questions about your ability to be compensated, call our office to talk with a personal injury attorney.