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?

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3 Lawyer Answers

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
Answered

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

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David Alan Wolf
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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.

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