What happens if the defendant in a wrongful death case does not have sufficient insurance coverage to cover the damages?

If the defendant in a wrongful death case does not have sufficient insurance coverage to cover the damages, then the plaintiff may pursue other avenues for recovering compensation. This includes filing a personal injury lawsuit against the defendant which allows the plaintiff to seek damages from the defendant’s assets or bank accounts. In some cases, a lien may be placed on the defendant’s property which essentially prevents the defendant from selling or transferring the property until the judgement is satisfied. The plaintiff may also be able to collect from any other insurance coverage the defendant may have such as homeowner’s or health insurance. Depending on the applicable state laws, a plaintiff may also have the option to sue the defendant’s employer for the negligence of the employee. This is known as a vicarious liability claim. An example of this is a defendant who is an employee of a company and was driving the company car when the accident occurred. In this case, the company may be held liable for the damages caused by their employee’s negligence. In North Carolina, the plaintiffs may also seek punitive damages. Punitive damages are designed to punish the defendant for his or her negligence and typically awarded when the defendant’s behavior is grossly negligent or reckless. If punitive damages are awarded, they are meant to further punish the defendant and are paid on top of any other compensatory damages awarded. No matter what type of damages are awarded in a wrongful death case, if the defendant does not have sufficient insurance coverage to cover the damages, the plaintiff may still have options available for recovering compensation.

Related FAQs

Is an autopsy necessary to prove a wrongful death claim?
What is the difference between a wrongful death claim and a survival action?
Are the costs of legal representation in a wrongful death lawsuit recoverable?
Are wrongful death cases handled differently in different states?
Are wrongful death damages taxable?
How is a wrongful death claim different from an estate claim?
What evidence do I need to prove a wrongful death case?
Do all wrongful death cases settle out of court?
What is a wrongful death claim in a survival action?
Is a wrongful death claim the same as a wrongful death suit?

What happens if the defendant in a wrongful death case does not have sufficient insurance coverage to cover the damages?

Related FAQs

Related Blog Posts