New Hampshire accident victims may incur sizeable financial losses related to the incident. In these situations, the victim may pursue compensation against the at-fault party for lost wages, medical expenses, pain and suffering, and similar losses. While many cases settle, a significant number of cases proceed to litigation. Even if the plaintiff is successful at trial, the challenges do not necessarily end. In many cases, defendants do not have the means to pay the judgment. It is vital that accident victims consult with an attorney to determine a viable way to recover compensation.
After a favorable judgment, the defendant should voluntarily and promptly pay the judgment. However, if the defendant fails to do so, the plaintiff has various methods for collecting the judgment or settlement amount. Recovering compensation is a complex process, and each form of recovery depends on the defendant’s unique circumstances. However, generally, New Hampshire plaintiffs can garnish the defendant’s wages. In some cases, the court will garnish a portion of the defendant’s wage towards the judgment amount. However, if the defendant is low income and surviving on government assistance, the court will not garnish those payments.
Next, a court may place a levy on the defendant’s property, such as their bank accounts, real estate investments, and vehicles. The plaintiff needs to record their judgment with the appropriate government entity to ensure that all or part of the proceeds will go to the judgment if the property is sold. Further, this applies to certain businesses the defendants own. The income from the business or proceeds from a sale may go to the plaintiff’s judgment. Finally, the defendant’s future or income may go towards the judgments. Moreover, New Hampshire’s uninsured and underinsured motorist laws may work in the plaintiff’s favor.