Imagine walking down someone’s driveway when you suddenly trip over something and fall to the ground. After sitting up to examine the area where you fell, you find a sizeable hole in the driveway. When you try to get up, your leg is in excruciating pain and you’re unable to move. After an ambulance is called, you discover you have a broken leg as well as an outrageous medical bill. This is a classic “slip and fall” case. From slippery floors to unmaintained steps, slip and fall cases often involve a scenario where someone slips or falls as a result of a dangerous condition on someone else’s property.
Slip and fall cases frequently turn on whether the property owner acted conscientiously and maintained the premises in such a way that tripping or falling was not likely to happen. However, you also have a responsibility to act carefully and watch where you’re going. If you were careless in not avoiding the thing you slipped on, the property owner may not be responsible for your injuries. If the property owner caused the presence of the dangerous item or surface, knew - or should have known - about it but took no actions to correct it, he or she could be liable for your injuries.
If you determine that the property owner is responsible for your injuries, the next thing to do is to assess whether to file a personal injury claim. In many states, adults have two years from the date of injury to file a claim. If the injury occurred on a public sidewalk or on government property though, you may only have six months from the date of injury to file a claim before the statute of limitations expires. There are exceptions to this rule so be sure to check the regulations for your state, which can be found on your states official website.
Deciding to file a claim should not only involve a careful assessment of the likelihood of winning, but it should also include an evaluation of the chance of collecting money if you win. This is because even if you’re successful and the judge rules in your favor, the court will not collect the money for you. The harsh reality is that personal injury cases cost time and money to pursue, so if the defendant is unemployed or doesn’t have insurance or assets, your claim may not be worth filing.
If you filed a claim and the judge ruled in your favor, the first thing to do is to make sure that the property owner (known as the debtor if you win your case) is aware of the judgment and knows the correct payment address. Sometimes it’s as simple as letting the other party know the correct information to avoid any further disputes.
If that polite gesture does not result in payment, you must next determine if the property owner has insurance. Often, the insurance company will be responsible for paying you should you succeed in your claim. However, if the debtor does not have insurance or it’s not sufficient to cover the cost of all of your injuries, you will need to go after the debtor personally.
In most states, if the debtor is employed and fails to pay the judgment, you may be able to get a wage garnishment. This is an order to the debtor’s employer to give you up to 25% of the debtor’s wages. However, you will not be able to take the debtor’s Social Security, disability, pension, unemployment, or welfare checks. This means that if the debtor is living off of these sources, you’ll likely need to find another way to collect the judgment. Nevertheless, even if the debtor does not have any money right now, if he or she gets a job in the future, you may be able to collect future income or assets. Judgments can frequently be collected for many years as long as you file the correct paperwork to keep renewing them.
You should also find out if the property owner has any bank accounts. If so, you may be able to establish a levy on them; this means that money will be taken out of the debtor’s accounts to pay for the judgment.
If the person who caused your injuries owns any land, houses, or other buildings, you may be able to get an abstract of judgment. The purpose of this is to create a public record and put a lien on the owner’s real property. If the property is sold, the judgment will be paid out of the proceeds of the sale.
Another option may be to conduct a judgment debtor’s examination. The court will order the debtor to appear in court to answer questions under oath about the existence of any bank accounts, property, employment, or other things that could be used to pay the judgment. This will also allow you to subpoena the property owner’s bank books, paycheck stubs, and other documents. The judge may even order the debtor to turn over any assets in his or her possession to you on that day.
These are just a few ways to obtain money should you get a judgment in court. Unfortunately, if the person responsible for your slip and fall does not have insurance, money, or assets, it’s unlikely that you’ll be able to collect anything. However, it’s important to consult an attorney experienced in personal injury claims in your state so you are aware of all the options for your particular case.