Personal Injury Attorneys in Dayton OH can answer difficult questions about whether there is any point to filing a lawsuit against an individual, in contrast to suing an insurance company or corporation. Even when investigators determine that one individual has caused an accident resulting in serious harm to another person, trying to collect financial compensation may be futile.
Consider what happens when an uninsured driver causes an accident that injures another driver. The state of Ohio requires liability insurance, but some individuals still try to skirt the law. In no-fault states, insurers pay for their policyholder’s expenses resulting from an accident, no matter who was at fault. But Ohio is not a no-fault state. The state also does not require anyone to carry uninsured motorist coverage or personal injury protection insurance (PIP). If the injured person does not include these provisions in his or her insurance policy, the automotive insurance won’t pay for medical expenses or lost wages. Collision coverage should pay for damage to the vehicle.
Unless the individual responsible for the incident has substantial assets, there usually is no advantage to filing suit. The injured person may wish to punish the responsible party by filing suit, but personal injury attorneys in Dayton OH typically will not participate in this action. If nobody stands to gain any financial compensation, there is no tangible benefit. In addition, being involved in a lawsuit can be very emotionally taxing and time-consuming for the plaintiff as well as for the defendant. When someone is recovering from a serious injury, a lawsuit that will not result in monetary gain simply adds more stress.
There may be unknown factors in the scenario that would make it worthwhile to file suit against the responsible driver. If that person has a relatively high income, for example, a judgment for wage garnishment might be a possibility. If the person’s spouse has a high income, a levy against that income might be possible. Attorneys with a firm such as Thorson-Switala-Mondock-Snead provide free initial consultations, during which they can thoroughly evaluate the situation. Contact us to schedule an appointment and learn more.