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 parties involved can attempt to negotiate a settlement in an effort to present the plaintiff with an adequate amount of compensation. This might involve the defendant offering to make payments over a period of time in order to make up for the shortfall in insurance coverage. However, if the parties cannot reach an agreement, then the plaintiff may need to turn to other sources of funding to help them pay for the costs associated with their wrongful death claim. This could include taking out a loan or crowdfunding. The individual or family may also be able to obtain legal aid, depending on their financial circumstances, to help cover the cost of their wrongful death lawsuit. In some cases, a court may award punitive damages to the plaintiff if the defendant’s lack of insurance coverage is deemed to be an intentional act of negligence. This is especially true if the court deems that the defendant did not have adequate insurance coverage when they should have. In Utah, if the defendant is found liable in a wrongful death claim, the court may order them to pay damages that exceed the amount of their insurance coverage. The court will use the defendant’s financial situation to determine the amount of damages that they must pay. This means that they may have to pay a lump sum or make payments over an extended period of time in order to meet the court’s requirements.
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