Legal Question in Personal Injury in Louisiana

law suit for punitive damages

I was involved in a wreck while intoxicated and rear-ended a car at high speed. State police charged me with a DWI and I was able to file it under article 894. The person I rear-ended is in the process of sueing my insurance, but the only coverage I had was the minimum 10-20-10. The person has a law suit against me for punitive damages. I was wanting to work in Iraq for at least a year, but did not want to come back after a year and have no money because the courts ruled in her favor for me to pay her what I make. Is there anything I can do to prevent the courts from knowing how much I make in Iraq when I go. I know my first $80,000 is tax free, but do I still have to report it? If I put my income in an overseas account will she still have access to it and how much access will I have to it?

Thanks in advance for your help.


Asked on 12/17/05, 3:41 pm

1 Answer from Attorneys
Hardy Parkerson Retired Attorney; now Law Professor

Re: law suit for punitive damages

Dear LawGuru Friend,

You have a serious legal problem here, one calling for some expert advice. You say in one place the person is "trying to sue" you, and at another place that the person is "suing" you for punitive damaages. I assume you have actually been sued for damages and that the lawsuit that has already been filed asks for punitive damages as well as well as compensatory damages. If so, you should do all you can to get your own insurance company to offer to settle for the policy limits. If the plaintiff in the law suit will not settle for punitive damages, you have to make a hard decision whether to stay in the State of Louisiana and defend the suit, or just take off out of the country and let whatever happens, happen. That would be almost insane, as you might return to the U.S. and to Louisiana only to learn that you had a multi-million dollar judgment against you that could not be discharged in bankruptcy. You would be wiped out financially for a long, long time. Of course, if you made money and kept it in an account in a foreign country, it might be awfully hard for a judgment creditor (the one who won the judgment for damages and punitive damages) to get access to. I know that as a lawyer, I have no experience in how to seize assets in a foreign country. Most lawyers would not know how to do it either, but I am sure there are some who would. Before you go and make lots of money working in a foreign country, you might want to get together with your insurance company and/or with its lawyers representing you and it and see what you can do together to get this case settled for the policy limits, plus whatever else you might be willing and able to contribute towards the settlement to have this case put behind you. You need to get with some lawyer or lawyers in or near your Louisiana home and to begin to discuss this matter and your present situation so that you might reach the best resolution of this matter possible. As it appears to me, you are in a bind. You are doing the right thing now, and that is seeking out legal advice. I know some lawyers charge for advice; but many will talk with you for no fee, just because they are academically inclined and like to explore such legal questions and situations just as a method of learning more about the law and how to advise people about it, and also just because the are the types of lawyers who like to be of help to people. Best of luck! If I can help, feel free to contact me for further discussion and advice.

With kindest regards, I am

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 12/17/05, 9:56 pm


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