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How Deep the Pockets?

By David Day

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Aside from evaluating the facts of the case for prospective plaintiff, a lawyer will want to assess a potential defendant's ability to pay damages should the defendant lose a personal injury case. It is one thing to be fairly confident of winning a case on a client's behalf, but it is quit another to collect. Thus, a substantial award won from an uninsured defendant of modest means may not be worth engaging in legal action. In purely practical term, 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.

HINT: In my experience, one of the best things for a motorist to do is carry a universal motorist insurance coverage. For the benefits provided, the premiums are economical. Contact your insurance agent and raise your universal insurance coverage to an amount of no less than $100,000. Tennessee only requires a motorist to carry liability insurance of $25,000 per person/ $50,000 per accident. This is inadequate to cover many accidents, if insurance is in place at all. Uninsured motorist insurance coverage for more than these amounts is necessary to protect the average driver.
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