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How does an injured party collect damages after a car accident?


The aftermath of a car accident can be an extremely expensive period. Everyday life tends to be expensive enough on its own, but after a wreck, the injured party can face huge expenses. These include, but are certainly not limited to, medical expenses, lost wages, rehabilitation costs, auto repair costs and more. Fortunately, in Massachusetts and elsewhere, it is possible to recover financially following auto accidents caused by a negligent party.

If one has been struck by a negligent or reckless driver, one can often pursue a lawsuit using the civil courts system. A successful personal injury suit means that someone struck by a negligent driver can obtain financial compensation for damages, such as the aforementioned expenses brought about by the accident. However, sometimes the negligent party refuses to pay or cannot pay. What can a victim do in these situations?

Typically, the person who is ordered to pay after an accident receives a judgment against them from the court. This judgment usually means that, if they do not pay, their wages may be garnished or, in some cases, their bank accounts could be garnished as well. Most of the time there is a limit to how much of a person's paycheck can be garnished, though. Furthermore, if the negligent party has declared Chapter 7 bankruptcy, one's ability to collect will likely be cut off.

Collecting a judgment from a negligent party can be made easier with a Worcester auto accident attorney. An experienced lawyer can perform post-judgment discovery actions to reveal a debtor's true income and assets. An attorney can also renew a judgment if its original term has expired, and can assist in collecting judgments from debtors located in other states.

Source: FindLaw, "After a judgment: Collecting money," accessed Nov. 9, 2015

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