When it doesn’t pay to sue

It’s one thing to win your civil case or lawsuit, and it is another thing to collect. One of the primary issues that a lawyer will want to discuss with a prospective plaintiff is the defendant’s ability to pay damages should he or she lose. A substantial award from an uninsured defendant of modest means may not be worth pursuing in a legal action. In purely practical terms, the damages associated with common negligence torts are usually limited to insurance proceeds. It is in the plaintiff’s best interests, therefore, to explore liability in terms of the ability of any potentially culpable parties to pay. Only when all the facts of the case are discussed can an informed decision be made.

In addition to determining the defendant’s ability to pay damages, if your damage claims are too speculative and would require guessing by the court, you still may not receive proper compensation. If you would like to file a claim or lawsuit, speak with an attorney who can help determine the value of your damages and the chance of recovery.

HINT: A defendant with more than adequate ability to pay damages is said to have “deep pockets.”

For additional information about today’s column, contact our law office at ( 570) 714-4878 to schedule a free consultation. We can also help with insurance disputes. We are conveniently located at 183 Market Street, Kingston, PA.

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With more than 40 years of combined experience, the personal injury attorneys at Fellerman & Ciarimboli strive to provide the best service to clients in Philadelphia, Northeast Pennsylvania, and throughout the Keystone State.

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