Our Blog

What can I do if I cannot collect wrongful death damages?

Having to file a wrongful death lawsuit is difficult. When you go to court and win, you may feel somewhat relieved that it is over, but then you have to deal with collecting your damages. Many times, insurance will make the payments, which makes it fairly easy to get your money. However, in some cases, you have to collect directly from the responsible individual. This is tricky. 

To begin with, the person has to have money or assets you can go after to collect what he or she owes you. If the person files bankruptcy, you cannot collect at all. The same is true if the person does not have any money or assets. 

If you find yourself unable to collect the money owed, you may consider the Tort Victims’ Compensation Fund, which according to the Department of Labor & Industrial Relations, is a fund offering compensation for unpaid judgements. You must be unable to collect full payment in your case. Also, the appeals process must be complete. You are eligible if there was insurance but it was not enough to cover the amount owed to you, if there was no insurance or the person filed for bankruptcy. 

The fund is only for individuals. You cannot make a claim if you are a business or organization. There is also a limitation if you have a felony conviction for crimes of violence or related to controlled substances within the last 10 years. 

If you qualify, you can submit an application for payment when the money is available in the fund. This information is for education and is not legal advice.