What happens in a wrongful death lawsuit if the liable party has no insurance or assets?

If the liable party is uninsured and they have no assets they are personally responsible for paying any damages you were awarded.

The liable party’s insurance company is the entity paying for a wrongful death lawsuit. If the liable party is uninsured, they are personally responsible for paying any damages you must receive. However, if they have no assets, it may be difficult to collect the money.

Even if the responsible party has no insurance, you can recover financial compensation to help you pay medical bills, make up for lost wages, and much more.

When the liable party does not have any insurance, you might be forced to file a wrongful death lawsuit against them alone. You will be seeking money from their personal finances, assets, and savings, which might not be much. Because the average person does not have enough money to pay for the damages owed through a wrongful death lawsuit, courts will sometimes not allow a considerable recovery against such a defendant. 

Furthermore, a wrongful death attorney will not work on such a lawsuit, as they are paid on a contingency fee basis, and they cannot be paid if the defendant has no money. Consequently, if the liable party has no insurance or assets, the wrongful death lawsuit might be dismissed.

How can The Law Offices of Sean M. Cleary help?

If you lost a family member due to the negligence of another party, we advise you to get in touch with The Law Offices of Sean M. Cleary, which will provide you with quality legal assistance. No matter how complex your case is, our attorney, who has over 20 years of experience, will go to great lengths to obtain the most favorable outcome for you and the other surviving family members.

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.