Will Defendant’s Insolvency Cancel Out My Injury Settlement?
Winning a personal injury claim is a monumental affair that may mark the end of many weeks, months or even years of legal battles. This is especially poignant if you or a loved one suffered life-altering, catastrophic injuries. That said, these injuries can sometimes attract millions in damages because of the loss of function, the specialized care and life changes one may need to effect in order to live a normal life with dignity post-injury. While the prospect of filing a claim and receiving millions may seem like a miracle especially after being the victim of someone else’s negligence, sometimes, the story doesn’t end in the manner in which you expect it to.
Cases involving catastrophic injury or loss of life may attract a large settlement, and sometimes, this settlement may attract insolvency with regard to the client or their insurance company; your payout may exceed the assets or funds that they currently have, which puts you in a prickly situation, wondering what will happen with regard to your damages. That said, McCready Law best catastrophic injury attorneys never back down from a legal fight, and we engage sophisticated collection strategies in order to ensure you are made whole again and that the drama surrounding damages does not taint your recovery journey or wellness going forward – read on to find out exactly how we do this.
Get Local Lawyers with Experience
Are you looking for the best injury attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury lawyers at McCready Law bring to the table over 90 YEARS of combined legal experience where we’ve helped tens of thousands of injured Americans from just about every state and every socioeconomic background recover compensation after getting injured due to the negligent actions of other individuals or large corporations.
We pride ourself in our ability to net large settlements and judgments, and this is exemplified in the over $260 million we have recovered for our clients over the last couple of decades. Our massive and enviable success in the personal injury world can be attributed to a number of factors such as the fact that we personally handle all our claims as tenured attorneys and do not shunt them over to paralegals as is common in most law firms, something that usually jeopardizes claims.
We also work with a team of well-renowned experts in the medical, investigative, forensic, and accounting fields in order to come up with a case replete with objective evidence, medical rationale for your injuries tying them to the accident and the defendant’s negligence as well as quantifying your injuries by way of compensable damages to ensure you get the compensation you truly deserve. We run a bilingual firm (hablamos Español), and we have nationwide reach thanks to our vast and trusted network of referral attorneys. Last but not least is the fact that we take on all cases on contingency fee basis, which simply means that there are ZERO UPFRONT FEES for the duration of the processing of your claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If you got injured and are looking for personal injury lawyers with trial experience, you’ve come to the right place – give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation: our intake team is standing by.
Won an Injury Claim But Defense Team Claims Insolvency? Our Solution
In almost all personal injury claims, the source of recovery is the defendant’s liability insurance since they more often than not have policies that are meant to protect them in the event something untoward happens to them such as being blamed for an accident on account of their negligence. That said, insurance policies have within them limits which may sound substantial, but are woefully insufficient when it comes to traumatic and catastrophic injuries.
Some of the injuries which require substantial resources to manage include:
- Traumatic brain injury which can run into the millions over one’s lifetime
- Spinal cord injury which often manifests as paralysis may require about $300,000 a year
- Severe burns may attract reconstructive surgeries and long-term pain management which may exceed several million dollars within the first few years
- Loss of limbs whereby one may require physical therapy, prosthetics and so on which may also attract millions over a lifetime.
Recovering Damages from a Seemingly Insolvent Corporation
When damages exceed insurance limits, what happens is that we look into the defendant’s direct assets. This is usually done via meticulous investigation into their lives and assets. These defendants, particularly if they are large corporations, may require that we engage forensic accountants as well as private investigators in order to look into public records as well as financial filings such as annual reports, tax reports, any real estate records so we can identify tangible assets like intellectual property, real estate, inventory and any liquid assets such as investments and bank accounts. These corporations, anticipating future litigation may try to obscure their assets via a web of affiliated entities or subsidiaries or have their assets held by a different company within the same corporate family; it is our job to tease these intricacies out.
Piercing The Corporate Veil in Injury Claims
In some instances, courts may assign what is called corporate veil which separates a corporation’s liabilities from its owners or shareholders which essentially lets them off the hook with regard to debts. However, if the circumstances surrounding your case were particularly egregious, courts may grant a piercing of the corporate veil in order to make you whole again. This action is usually granted if it is discovered that the corporation is an alter ego of sorts of its owners and has engaged in the comingling of funds, was undercapitalized as a strategy to manage any unexpected liabilities, engaged in fraud or misrepresentation, or failed to follow basic corporate procedures. That said, piercing the corporate veil requires a much higher burden of evidence replete with clear and convincing evidence. That said, McCready Law is always up to the task in order to recover what you are rightfully owed.
Recovering Damages from an Insolvent Individual
In the event that the defendant is a solo individual, we will focus on their personal assets such as real estate including land, vacation properties or homes, bank accounts and any investments like bonds and mutual funds, any valuable personal property such as art, boats or pricey vehicles, ownership stakes in other companies, as well as a portion of their future earnings via wage garnishments.
Best Nationwide Injury Lawyers – Call Us NOW!
If you or a loved one suffered a catastrophic injury which may require millions in the future with regard to living expenses, surgeries, rehabilitation and lost wages, you shouldn’t have to suffer through a solvency crisis – let us take the defendant to task and aggressively enact post-judgment collection strategies on your behalf. Call us NOW at (314) 481-63338 if you suffered a catastrophic injury and are looking to get compensated so you can move on with your life. We take cases nationwide, and your first consultation is 100% FREE. Thanks for choosing McCready Law, and we look forward to helping you.