Legal Question in Personal Injury in Indiana

Extent of compensation for pedestrian vehicel accident

A family member ran a school bus arm and struck a teen causing bodily injury. To what extent can the victim sue for and are there any ways prevent the victim from getting the whole farm so to speak? Can assets be allocated in advance of a lawsuit?

Asked on 1/09/03, 10:11 pm

1 Answer from Attorneys

Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Extent of compensation for pedestrian vehicel accident

As with any situation, this one must first be fully reviewed before any kind of reliable advice could be offered. Therefore, the following should NOT be necessarily considered as reliable legal advice to be applied to the factual situation as described.

If the driver of the vehicle was carrying insurance, then that company's adjusters and/or attorneys will no doubt make a determination on not only liability of the insured (i.e. driver), but an evaluation of the damages within the limits or coverage of the policy. Also a consideration would be the injured party's position regarding damages.If settlement is not possible, litigation could result.

If the driver was not insured, then depending on the drivers existing assets, this could result in a suit being filed. If found for the injured party, then the driver's license could be suspended until the judgement were satisfied.

Trying to hide assets in the face of such a situation has a degree of risk and cannot be sanctioned or encouraged. Depending on the result of the matter, should it be discovered certain assets were conveyed to avoid satisfaction of the judgment, this could be viewed as fraud with the transfer of property or asets set aside. However, there may be other legal alternatives to explore.

Lastly, there could be criminal liability on the drivers part which could impact the situation as well.

Obviously, it is difficult at best to address all the possible issues, concerns and outcome of this matter in an email. Should the driver in your facts given have a real concern, then he or she should make direct contact with an attorney as soon as possible.

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Answered on 1/12/03, 10:22 am

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