What Happens if the Person You Sue in South Carolina Has No Assets?

Most of the time, personal injury attorneys in South Carolina handle cases where the defendant has some type of insurance. For example, if you get into a car accident in Greenville, the other driver likely has auto insurance. Or, if you fall in a busy grocery store, they have liability insurance to cover your expenses. But what happens if the person who’s responsible for your injuries doesn’t have any insurance?

Your Greenville personal injury lawyer can handle any sort of accident case. As long as you’ve suffered some sort of injury, you probably have a claim for damages. Your lawyer has to prove that the other party was negligent. They also need to prove your damages. As long as they can do this, you can expect to be compensated for your injuries.

When the defendant doesn’t have any insurance, you may run into a problem. You can still sue the defendant. However, your judgment may not be worth much more than the paper it’s printed on. That’s why it’s a good idea to hire an experienced personal injury lawyer in South Carolina. They can review the defendant’s assets and see what you can do to collect on your judgment.

What Kind of Cases May Involve a Defendant with No Insurance?

Most of the time, if you’re involved in any kind of personal injury case, the defendant will have insurance. However, there are other times when the other party has no insurance at all. Or, their insurance doesn’t cover this type of injury. Some of these situations may include the following:

  • You are attacked by a neighbor’s dog. They are renters and their landlord is not responsible for the actions of their dog. You may have to sue the dog’s owner personally. If this is the case, you may never see a dime. If they rent and have no property, they probably don’t have any assets to levy.
  • You are run over by someone on a bicycle. This may sound comical, but it does happen. Your child could be crossing the street and is run over by someone on a bicycle or moped. The odds of them having insurance are slim to none.
  • Someone assaults you in a public place. You could be out tailgating or at a park and someone assaults you. If you suffer any injuries, it can be impossible to pursue anyone for damages. Even if you sue the person who hit you, there’s very little chance they’ll have the kind of assets it takes to cover your damages.

The only way to know for sure if the defendant has any assets is to ask your Greenville personal injury attorney.

What if the Defendant Does Have Assets?

If you sue someone and get a judgment against them, you still need to execute on your judgment. Your Greenville personal injury lawyer can go over your options with you. As long as your judgment is registered as a public record, you can pursue the defendant for damages. If they have a home, you can put a lien against their home. In some cases, you can even ask the court to issue a wage garnishment or bank levy. Just keep in mind – none of these are surefire ways to get your judgment paid. The defendant may end up being judgment-proof. You really won’t know until you research their assets.

Contact an Experienced Personal Injury Lawyer in South Carolina

If you or your loved one have suffered any sort of personal injury, you should call our office right away. You can talk to an experienced personal injury lawyer who can let you know if you even have a potential claim for damages. Even if you suffered a legitimate injury, if the defendant has no insurance, it may not be worth suing. This can be hard to hear. However, you’re much better off knowing the truth. An attorney needs to be honest with you from the start. If they don’t think you can collect against the other party, they aren’t going to want to waste their time or yours.

Call today and schedule your free initial consultation. Take the time to sit down and let a seasoned personal injury lawyer in Greenville review your case. They can give you an idea of what your case may be worth. They can also let you know what the odds are of collecting damages. The initial consultation is free and you won’t have to pay a dime until your case is settled.