Share

Bronx Personal Injury & Real Estate Blog

Friday, September 20, 2019

Recovering Damages from an Inmate

Q: Can a victim collect on a judgment against someone in prison?

When someone suffers a serious injury because of the negligent, reckless, or intentional actions or inactions of someone else, they can bring a personal injury lawsuit against the responsible person. If they can prove liability, they may get a civil judgment for compensatory damages. Compensatory damages may include such things as current and future medical expenses, current and future lost income, property damage, physical and psychological pain, and even punitive damages, depending on the circumstances of each case. 

In the event the victim died from their injuries, their estate and/or their closest surviving relatives – often their spouse, children, or parents – may be entitled to damages in a wrongful death lawsuit. Who has the standing to sue and for what damages is complex and differs from state to state and from case to case. 

In addition to facing a civil lawsuit, criminal charges may also be brought against the responsible person. How does it impact the victim’s (or their surviving family members’) ability to enforce or collect the civil judgment if the person responsible is convicted and goes to prison?

While state laws differ and certain states give judgment creditors more protection, most states allow victims some right to pursue the incarcerated judgment creditor’s assets towards satisfying the civil judgment against them. In addition to civil judgment, victims may also be able to ask the DA for restitution for out-of-pocket losses that directly resulted from a criminal offense - if they act very quickly. However, the amount of an eventual civil judgment may be reduced by the amount of restitution paid, if any. 

Recently, a serial killer serving a life sentence after being convicted of seven murders, kidnapping, and criminal sexual conduct charges were civilly sued for injuries suffered by the kidnapped female victim as well as multiple wrongful death lawsuits by the families of the murdered victims. Although the man’s worth is less than the total of the judgments entered against him, his assets are reportedly being sold off and the proceeds will be distributed as damages – 50% to the female survivor and 50% divided equally among the other families – pursuant to an agreed-upon distribution plan. 

Contact the Law Office of Ryan S. Goldstein Today

If you or a loved one has been injured, or a loved one has been killed, the Law Office of Ryan S. Goldstein can help maximize the compensation to which you may be entitled. While legal action can’t undo the accident or bring your loved one back, it may help reduce the financial burden of your loss. Contact us today to schedule a free consultation.

From our offices in the Bronx, New York, we represent injured victims and their families throughout New York City and New York State, as well as those injured while visiting New York.



Archived Posts

2019
October
September
August
July
June
May
April
March
February
January
2018
December
November
October
September
August
July
June
May
April
March
February
January
2017
December
November
October
September
August
July
June
May
April
March
February
January
2016
December
November
October
September
August
July
June
May
April
March
February
January



© 2019 Law Office of Ryan S. Goldstein, P.L.L.C. | Disclaimer
1084 Morris Park Avenue, 2nd Floor , Bronx, NY 10461
| Phone: (718) 239-0239

Practice Areas | Results | About Us

Law Firm Website Design by
Amicus Creative