“Judgment Proof” Defendants

Before filing a lawsuit there are many factors to consider in determining the likelihood of success on the merits. One such consideration: is the defendant insured and/or does he/she have assets to satisfy a judgement. In many cases, a defendant does not have sufficient assets. Perhaps he/she doesn’t have insurance, works part time, and has no savings. This is often called a “judgment proof” defendant. A defendant is going to be deemed “judgment proof” where, even if it is proven that he/she was negligent in causing your injury, there is no monetary source from which he/she can satisfy a damage award. In these cases, a lawsuit should not be filed at all. A lawsuit will not be worth pursuing if there is no chance of the defendant being able to satisfy a judgement. However, there may be other avenues of recovery if a particular defendant is “judgement proof.”  If you believe you have been injured, bring your concerns to our law firm and we will pursue every option that would allow you to be fairly compensated.