MARYLAND CAR ACCIDENT LAWYER She said I'll declare bankruptcy?

Bankruptcy law is outside the scope of this blog. But, as seasoned Maryland car accident lawyers know, the collectability of a judgment is an important factor in assessing the ultimate value of a claim. If the judgment was rendered in a claim for an intentional tort, or for a Baltimore auto accident where the defendant was drunk, they cannot be discharged in bankruptcy.  If the judgment was in a more typical "garden variety" case, then the judgment may be dischargeable, and the creditor must generally take affirmative steps to protect or "exempt" their judgment from discharge on various statutory grounds.

MARYLAND CAR ACCIDENT LAWYER Execution and Levy

Maryland caraccident lawyers who've obtained judgments for the victims of Baltimore auto accidents, sometimes can't collect because that defendant has no insurance, and no assets. What if the uninsured person indeed has assets? A judgment creditor may apply to the clerk of court for a writ of execution, directing the sheriff to levy upon [seize] property of the defendant. A Maryland car accident lawyer with an unsatisfied judgment can then request that this property is sold, and the proceeds be used to satisfy the judgment.

MARYLAND CAR ACCIDENT LAWYER What is a garnishment?

We've discussed in other chapters the bane of Baltimore personal injury litigation – the uninsured defendant. There are more than a few Maryland car accident lawyers who've obtained sizeable judgments for the victims of Baltimore auto accidents, but can't collect because that defendant has no insurance, no job, and no assets. A case against an uninsured person may have no value at all. Maryland law allows for a garnishment of a judgment debtor's wages, generally up to 25% of the "disposable wages, and obligates employers to make the deductions and forward the payments to the judgment creditor.

MARYLAND CAR ACCIDENT LAWYER I won. Do I get to collect more than the policy limit?

Maryland car accident lawyers know the answer is "yes", but it's not easy. One scenario is the "excess judgment". For example, assume your Maryland auto accident case goes to trial, and you receive $40,000, and the defendant was insured for  $30,000. Who pays that extra $10,000. In most situations, and most Maryland car accident lawyers would agree, the defendant does, but collecting that $10,000 may be extremely difficult. Another option would be, upon a showing that the insurance company negligently failed to provide a defense, that the insurance company becomes liable for the excess.  Seasoned Maryland car accident lawyers are well aware that although this claim belongs to the insured defendant, and not to the Baltimore auto accident victims, there are ways to obtain the right to sue the insurer directly.

MARYLAND CAR ACCIDENT LAWYER I won. Do I get to collect?

The methods for collection of judgments are discussed in more detail in other volumes. Any Maryland car accident lawyer will tell insurance is perhaps the single most important factor is assessing the value of a case. What if there is none, or not much? Maryland courthouses are filled with  Maryland car accident lawyers who've obtained massive, but uncollected, judgments for the victims of Baltimore auto accidents. These judgments are uncollected because the defendant was uninsured, or had too little insurance.

The insurance company cancelled me!

We've explored in another chapter what every Baltimore injury and accident lawyer knows- insurance companies cancel insurance policies. Many times, that cancellation comes on the heels of a Maryland automobile accident. There are restrictions on the ability of an insurer to do this. Automobile insurance companies are also not permitted to refuse to issue an insurance policy based on certain discriminatory factors. [e.g. race, color, creed, credit history]. If an individual is cancelled in the wake of a Maryland automobile accident, and they feel the reason is prohibited, they can challenge the move through the insurance commission. Experienced injury and accident lawyers in Baltimore that have assisted their clients in such a challenge know the cancelled policy remains in effect while the commission considers the merits of the challenge.

MARYLAND CAR ACCIDENT LAWYER The "pain diary".

It sounds like the title of a war movie, but it's actually a very effective device for the victims of Maryland car and automobile accidents to document the effects of their injuries. A "pain diary" is a chronology of the days, weeks, and possibly months after the Maryland car or automobile accident, detailing daily social, work or household activities that are made more difficult, or impossible, by the injuries from the car accident. In some instances, and injury victim is not asked to recall the nature of their injuries until months, or years, later, when their  Maryland car accident lawyer takes their case to trial. The diary can be an invaluable document for recreating the process of healing and recuperation.