Asked in Personal Injury for New York

Q: is it worth filing a civil personal injuries complaint against someone if you already know he doesn´t have the money?

Related Topics:
3 Lawyer Answers
Christopher N. Luhn
Christopher N. Luhn
Answered
  • Mechanicville, NY
  • Licensed in New York

A: Whether "he has the money" is often besides the point. The questions, in this order, are: Were you injured?; Whose fault was it (or, what was the cause of your injury)?; What are your damages (depending on the severity of the injury, and the duration of any disability, for example)?; what will it cost to prove your case (hiring experts, for instance, can get pretty expensive)?; and, Does the prospective defendant have insurance coverage for the occurrence? There are many factors, but a personal injury trial lawyer will generally not take a low-value, or a no-coverage case. You should speak with one if you've been injured.

Michael H. Joseph
PREMIUM
Michael H. Joseph
Answered
  • White Plains, NY
  • Licensed in New York

A: Sometimes it is. If they have insurance or a decent job, then you could take it out is their wages.

www.newyorktriallawyers.org

David Alan Wolf
PREMIUM
David Alan Wolf pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: You asked an excellent question. Generally speaking, if there is no applicable liability insurance and there is no assets to collect upon, it may be impractical to pursue a case against the person for personal injuries. Most attorneys will provide you a free consultation to assess the situation and advise you of your legal rights and recommended course of action.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.