When the responsible party in a wrongful death case lacks sufficient insurance or assets to fully compensate the victim's family, several challenging scenarios can unfold:
1. Limited recovery:
- Compensation may be restricted to available insurance limits
- This often results in less than full compensation for damages
2. Underinsured motorist coverage:
- In vehicle-related deaths, the victim's own auto policy may provide additional coverage
- This can help bridge the gap when the at-fault party is underinsured
3. Pursuing personal assets:
- If insurance is insufficient, the defendant's personal assets may be targeted
- This includes property, savings, investments, etc.
- However, if the defendant has few assets, recovery may still be limited
4. Judgment liens:
- A lien can be placed on the defendant's property
- This secures the debt for potential future payment
- However, if the defendant has no significant assets, this may not be effective
5. Wage garnishment:
- A portion of the defendant's wages may be garnished over time
- This can provide some ongoing compensation, but often at a slow rate
6. Bankruptcy issues:
- The responsible party might file for bankruptcy
- While some judgments may be non-dischargeable, collection can become very difficult
7. Alternative liability sources:
- Attorneys may seek other potentially liable parties (e.g., employers, product manufacturers)
- This can open up additional avenues for compensation
8. Structured settlements:
- Even with limited funds, payments might be arranged over time
- This can provide some long-term financial support to the family
9. Negotiating with creditors:
- Medical providers or other creditors might agree to reduce bills
- This can help stretch limited compensation further
10. State victim compensation funds:
- Some states offer funds to help victims of crimes
- These may apply in certain wrongful death cases, providing some additional support
11. Legal fee adjustments:
- Attorneys might adjust their fees based on the available recovery
- This can help ensure the family receives more of the limited compensation
It's crucial to work with an experienced Dallas wrongful death attorney in these situations. They can:
- Thoroughly investigate all potential sources of compensation
- Develop strategies to maximize recovery
- Provide realistic expectations about potential outcomes
- Help families make informed decisions about pursuing legal action