Insurance in personal injury cases often plays a big role even though the plaintiff in a personal injury case does not typically sue an insurance company. Injured plaintiffs are required to name as defendants, the negligent persons or parties who played a role in why the plaintiff is injured. Even though many states instruct jurors that they should not take into account whether or not a defendant has insurance when they are determining whether to award the plaintiff money and how much, in most personal injury cases an insurance company is the entity that will be paying the plaintiff for damages. While an insurance company is not likely to have been involved in causing the plaintiff’s injury, because they have a contract with the defendant, the insurance company is usually responsible for paying for the damages caused by the defendant’s negligent, reckless, or malicious behavior.
It is possible to sue someone who does not have insurance but unless the defendant has money or assets, it is often difficult to get compensation even if a plaintiff is awarded it by the court. An example of this is, a defendant who does not have money saved or assets that could be sold, may have their wages garnished. Wage garnishment is a process where an employee’s monetary compensation is deducted until a debt is paid off. Even though a defendant might get regular payments as a result of this, if a defendant only makes $10/hr and the plaintiff only gets a portion of this, it may take quite a while for a person’s expenses from a personal injury case to be paid off. Even if a defendant is earning a good salary, if he or she is fired, laid off, or quits their job, the plaintiff will not get money until the defendant is employed again. Some people who owe money will go so far as to try to get paid in cash so that their income is not reported to the government and thus avoid paying what the court ordered them to pay.
The information provided here is not intended to be legal advice and may not apply to all personal injury cases. If you or a family member or a friend have been injured because of another party’s negligence, or because of their reckless or malicious actions, you may find it helpful to talk to a law firm that specializes in personal injury cases. When someone is injured, becomes unwell, or tragically dies an unexpected death because of another party’s negligence, malice or recklessness, the negligent party may be liable for the victim’s injuries. A personal injury victim, or a deceased victim’s remaining family, may be entitled to monetary compensation.
The law firm of Cohen & Cohen has been defending the rights of injured people and their families for over 30 years. If you or someone you love has been injured or become unwell because of someone else’s negligence, you may find it helpful to discuss your situation with a lawyer who has experience successfully defending people in situations similar to yours. A member of Cohen & Cohen’s dedicated legal team is available to give personal injury victims and their families a free case consultation and evaluation, give us a call any time of the day or night any day of the year.