Negligent individuals who cause injuries to victims often try all kinds of schemes to avoid the consequences. From underhanded legal strategies to countersuits, it often seems like these at-fault entities will do everything possible to avoid paying you the compensation you deserve. So what happens if they simply leave the country? Will they still have to pay a settlement? Is there anything stopping them from leaving the United States while being sued? Can you still receive compensation?
These are all important questions, and they’re probably best left answered by a legal professional. Consult with a qualified, experienced personal injury attorney in New York, and you can gain a clear understanding of what will happen in your situation. Enlisting the help of a skilled attorney is always a good option, whether the defendant has already left the country or you suspect that they might attempt to do so in the future.
Are You Suing a Business?
If you’re suing a foreign business entity, you may run into challenges. Recently, it was reported that new federal laws have made it more difficult to sue foreign entities in the state. Among other things, federal district courts overturned many years of case law, finding that courts in New York were no longer authorized to exercise general jurisdiction over foreign entities. On the other hand, state courts in New York have gone in a completely different direction, and they have determined that foreign entities consent to be sued as soon as they do business in the state.
Suing a Foreign Individual
Suing a foreign individual also comes with its own set of issues. Perhaps you wish to sue a foreigner who caused a car accident. If that foreigner then leaves the country, you can still file a lawsuit against them. In addition, that individual will automatically lose their case by default if they fail to show up for the trial. But what happens when you win? Well, recovering compensation might prove to be a bit of an issue. Certain nations are more friendly towards the United States, and they might be willing to cooperate and ensure that the guilty party hands over a settlement to cover your damages.
In other situations, the United States will have very little control over what happens in the legal systems of other countries. With all that said, you can still get compensation from assets that the person holds in the United States. For example, they might own property in the United States that can be liquidated (sold) and used to pay for your compensation amount. In addition, the negligent party may also have insurance coverage that will frequently come into the case to defend the Defendant and indemnify or pay for his negligent conduct and your damages.
Enlist the Help of a Qualified Attorney Today
If you need legal assistance, contact New York City personal injury lawyer Michael Gunzburg, P.C. We’ll do everything possible to help you receive the compensation you deserve, even under unusual and unforeseen circumstances. Innocent victims should have the right to pursue compensation for their damages, and we’ll help you do just that.