if you win a wrongful death suit can the other people turn around and file bankruptcy so they won't have to pa

Question

we are not sure what to do. our daughter was killed in a car accident and the insurance company wants us to settle for a small amount and sign saying we will not sue for wrongful death

Answer 1

hmm. well, yes, if they don't have the money to pay you and if they have other creditors, they'll probably file bankruptcy and they are allowed to do that. But I think they have to be in such a bad financial state that they would qualify for bankruptcy first.

I feel like their insurance would have to pay the full amount of their policy regardless of their bankruptcy. But if their policy isn't for very much money, then a lawsuit might not be worth it. But you can get a lot for wrongful death ordinarily.

I wouldn't sign any agreement with the insurance until you talk to a lawyer. It's hard for me to say what to do because I don't know how much money the other people actually have or what their insurance can pay or what they did to cause the car accident. If it's really a straightforward wrongful death case that you should definately win, if you get a lawyer and threaten with a lawsuit, you should be able to push the insurance to pay more than what they're offering now. But again, if they don't have any money, you can't get any money. And if the suit goes to trial, it's going to be more expensive than settling which might make it less worth the lawsuit. So talk to a lawyer and find out how much the other people have and how much the insurance can pay and how much the attorneys fees would be (maybe just a percentage of whatever you win) and talk about how likely your case is to win so that you can consider the amount that you can get in a settlement.

I feel like the insurance is probably pushing for an early settlement so that you agree that you won't sue before you find out how much you should really get, and once you agree not to sue, you can't. So talk to a lawyer FIRST! Or at least tell the insurance that their offer is not enough.

I'm really sorry about your daughter and I'm sorry that I can't offer any better advice. It has to be your decision and you're the only people who are in the position with all the information to make that decision.

Answer 2

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RE If you win a wrongful death suit can the other people turn around and file bankruptcy so they won't have to pa

we are not sure what to do. our daughter was killed in a car accident and the insurance company wants us to settle for a small amount and sign saying we will not sue for wrongful death

Answer 3

You should talk to a lawyer about whether you have a good case. If you take them to court and lose, you won't get anything. A good lawyer can advise you on whether you are likely to win or not with what evidence there is.

Not sure about bankruptcy, but I don't think insurance companies usually do that.

Answer 4

You might can. I know if you kill someone in something like a DUI and get sued, you cannot file bankruptcy on that. You might want to check with an attorney. It probably also depends on your state. I'm in TN.