When pursuing a personal injury claim, one of the first things your attorney will need to know is whether the defendant has the insurance coverage or any other means to pay your damages. This is important because chasing after a defendant to get them to pay the judgment after losing a case isn't easy. Here are some of the things that complicate the process:

You Need To Conduct Post-Judgment Discovery

If the defendant doesn't want to pay, then you can't just walk into their places of business or homes and seize their assets. You first need to uncover their sources of income and assets so that you can petition the court to let you claim those assets as your judgment. The process of uncovering these assets and income is called as post-judgment discovery. In fact, you will most likely need an attorney to help you with the process. This adds to the time and money you have already spent on the case.

The Recovery Is Usually Limited

Another complication is that even if you manage to conduct a successful discovery, you may not be able to recover the whole judgment. This is especially true if the defendant is an individual. Most states have laws that determine how much of an individual's wages you can garnish and the type of assets you can seize. For example, if you are limited to 25% of a defendant's wages, and they don't earn much, the much you can garnish may be a pittance compared to your judgment.

The Defendant May Apply For Bankruptcy

Another potential problem comes when the defendant files for bankruptcy after the judgment has been entered against them. This is because the bankruptcy may discharge the defendant's debt to you (the judgment). There are only a few exceptions in which you may be able to collect your judgment despite a defendant's bankruptcy discharge. For example, if you were injured by a drunk driver, you may still be able to collect your judgment even if the defendant gets a bankruptcy discharge.

You Need to Involve the Defendant's Home Court

Lastly, if your judgment was entered in your home state and the lives or has assets in another (or other), you cannot just walk into the other state and start garnishing or seizing wages and assets. You need to involve the other state to ensure they recognize the judgment. Although this is usually more of a formality, you may need a lawyer to help you with the filing. The logistics (such as transport expenses) may also cost you some resources if the state isn't near your home state.

Contact a law firm like The Fitzpatrick Law Firm for more information and assistance.