Sometimes the decision to sue someone who has injured you doesn’t come down to right or wrong, but whether it is worth your time.
This is especially true if you suspect the person who injured you has little to no income.
In these instances, winning your case may not mean much if you can’t collect your damages from the defendant. Because of this, there are a number of things you should consider before suing someone with no assets in Tulsa, Oklahoma.
The Availability of Insurance Is Important When Suing Someone With No Assets
If you were injured in an auto accident, your attorney will automatically seek to collect from the defendant’s auto insurance company, even if the other party has the means to pay your judgment himself.
Even if it appears that the other side does not have insurance, your attorney may attempt to collect from your own insurance company if you have uninsured motorist coverage.
In either circumstance, you can seek compensation from the insurance company as a third party.
The outcome depends upon your personal injury case, but in this event suing someone with no assets may work out in the end for you.
The Circumstances of Your Accident
People are oftentimes involved in accidents with people who also happen to be working for their employer at the time of your accident.
For example, a forklift driver who drops a 10 ton box of bricks onto your car could be considered to be “acting within the scope of his employment” at the time of the accident,. In this case, you can sue his employer, instead of him directly.
Therefore, it may be worth it to assert a lawsuit against the other party’s employer in order to receive the compensation you seek.
Whether or Not the Other Party Has a Job or Other Assets
If it appears you will have to sue the other party directly, you may have other options if they are employed or own property.
In Oklahoma, you can garnish up to 25% of the other party’s wages in order to satisfy a judgment. You may also be able to place a lien on their property, which would mean that you will receive your judgment if the other party ever sells or refinances their house.
Of course, these options both mean that it will take a very long time for you to receive compensation.
Initial Consultation and Case Evaluation
Receiving compensation from someone who has little to no money can be a long and drawn out process and an experienced attorney can help determine the best way for you to collect what is owed to you.
If you or someone you know has been hurt due to someone else’s negligence, please contact a Tulsa personal injury attorney to discuss your available legal options. Consult with an experienced attorney at The Personal Injury Law Office of Tulsa today by calling (918) 924-5528.
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