Winning a Judgment and Then Collecting on It

When you depose an individual defendant, you may get into their financial background to see if it is worth pursuing a case against that individual over and above the amount of their insurance.

Sometimes during the discovery process, if you determine the insured doesn’t have the means to pay anything over and above what the insurance limit is, consider the possibility of making a demand or an offer to settle for the insurance amount. If the insurance company or defendant fails to take that amount, there is a possibility that, if it was an unreasonable decision at the time that was made, that the insurance company would be liable for that amount, and we would handle it correctly on our end to make the demand.

We would explain to the insurer how their liability exceeds the amount of the insurance and that the insurance company should take into account the best interest of their client, the insured, the defendant in this case, and accept the offer.

Attorney Patrick Leverty

Attorney Patrick LevertyWith his master’s in insurance law, Patrick routinely helps individuals and businesses who are having issues with their insurance company. He also has extensive experience with personal injury actions, complex tort actions, product liability matters, and class actions. Patrick Leverty is rated AV by Martindale Hubbell (the highest rating) and has been granted membership in the Million Dollar Advocate Forum, and Multi-Million Dollar Advocate Forum. Patrick Leverty has been certified as a Personal Injury Specialist by the State Bar of Nevada. [ Attorney Bio ]