Collecting Damages

Many people believe that once a legal case has been won by the plaintiff, the defendant gets out a checkbook and writes a check for the total amount in damages that are due to the plaintiff. While this is a nice idea, in many instances it is not quite how it works, particularly in situations where the damages are for large sums.

In some cases, the damages that are due to the plaintiff are paid off by an insurance company. This is often true for car accident cases and medical malpractice cases. Here, it is more likely that the plaintiff will be paid quickly than in situations where the defendant does not have insurance for that circumstance.

If there is not insurance in place or the insurance policy is insufficient to cover the cost of the damages, there are other ways to collect damages. For starters, some states or courts will allow a plaintiff to attach an employed defendant’s wages to the lawsuit. This guarantees the plaintiff will get some money towards the total amount of damages each month. There are rules in place in most jurisdictions limiting how much of a person’s wages can be taken each month in addition to declaring some funds as exempt.

Another way of fulfilling the damages is through seizure of the defendant’s bank account or other assets. There are rules in place, of course, limiting what can and cannot be taken but bank accounts are often a good source to help pay off the damages owed.

Contact a Harrisburg Personal Injury Lawyer

If you have been injured by someone’s intentional or negligent actions, contact the Harrisburg personal injury lawyers of Lowenthal & Abrams at 610-667-7511.