Can I file a claim if the defendant does not have any insurance?
In New Mexico, if the defendant does not have insurance, you can still file a claim in the event of a catastrophic injury. In catastrophic injury cases, the injured person can be awarded financial compensation for their medical bills, lost wages, and other damages. Without insurance, the defendant will be responsible for paying for the entire cost of these damages. If the defendant does not have enough assets to cover the damages, the injured person may have difficulty recovering compensation. A knowledgeable personal injury attorney can help the injured person pursue other sources of compensation, such as legal claims against other liable parties or their homeowner’s insurance policy. In some cases, the injured person may be able to file a suit against the defendant directly. This is known as a "direct action suit" and it allows the injured person to hold the defendant liable for their actions. However, not all states allow direct action suits, so it is important to seek legal counsel to determine whether this is an option. Ultimately, a catastrophic injury can have a devastating impact on an individual’s life and livelihood. The severity of the injury can often exceed the defendant’s insurance coverage and, in this case, it is important to work with an experienced personal injury attorney to pursue all avenues of financial compensation.
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