Often times, a potential client may be concerned that our firm is going to go after the individual that hit them personally. Although our clients have been injured, they have may reservations about potentially ruining someone financially. Although some firms may go after individuals personally, which is completely legal, that is usually only if the person has significant assets AND the person does not have car insurance. A firm may also go after an individual if the person has significant assets AND a settlement has been reached with the insurance company but it does not fully compensate the injured party for their lost wages, medical bills, expenses, and pain and suffering.
Here are a few scenarios. Health insurance may also be a factor but for explanation purposes, let’s say that you do not have health insurance. Scenario ONE: The person that caused the accident has significant assets, has a car insurance policy for $1,000,000, and you only minimal medical bills. In that case, an attorney would typically ONLY go after the insurance company as the insurance would be enough to cover the accident expenses.
Scenario TWO: The person that caused the accident has significant assets but only has $10,000 in car insurance and you have $250,000 in medical bills. In that case, the attorney would sue the insurance company for the $10,000 and would sue the individual that caused the accident personally in order to fully compensate you for the rest of the medical bills.
Scenario THREE: The person has significant assets but does not have car insurance. In that case, the attorney may go after the person that caused the accident personally. However, if the person that caused the accident does not have any assets or car insurance, it would not be ideal to sue them personally. But, you may do so anyway and get a judgment against their future income. However, in that case, an attorney’s services are usually billed hourly rather than on a contingency fee basis.
Most of the time, Scenario ONE is what occurs. The person that caused the accident has the necessary insurance coverage to cover the wage loss, medical bills, expenses, and pain and suffering. No suit is filed against the individual that caused the accident.
At the Nicoletti Law Firm, we ONLY demand compensation from the insurance companies that make billions of dollars each year from insurance premiums that are paid by hard working people like yourselves. We DO NOT go after individuals personally and have not done so in the history of our firm. Although insurance companies may be difficult to work with, we have substantial experience in navigating through the process and will strive each day to make sure that you obtain what you deserve. Call us TODAY at (727) 845-5972 for a FREE no-obligation consultation.