 |
How Deep the Pockets? By
David Day |
 |
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. |
|