Can you please suggest what happens when a personal injury lawsuit is filed against a person after they have moved out of USA.
1. If the case goes to trial, will the settlement sum be set based on the assets/salary in the new country.
2. If the claims go past insurance maximum limits, what happens if I can't afford to pay them. How will collection work in that case? Are the US lawsuits enforcable in other countries?
3. Can the deposition be on webcam or it has to be in person?
ThanksJust to clarify the lawsuit was initiated when I was in US and court summon received by me but the plaintiff has yet to submit documentation etc before negotiations can begin
1. No, unless the winning party moves for the enforcement of the US judgment in the overseas country in question. Not easy, since most "developing" countries and even most industrialized ones protect the rights of their own citizens first and foremost.
2. Will simply not be able (and not bother to attempt) to "collect" in a foreign country.
3. Will depend on the particular court's rules and procedure.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
If you had insurance or were working for a company that had insurance, that insurance should hire a lawyer to respond. If you had insurance, they will want a release of you from claims before paying.
If you have an insurance lawyer keep in touch with them. Make sure if you change phone, address, email you let them know.
I wouldn't worry a lot. However, you may have to be in the us for a deposition.
Have you been served with the complaint yet? This needs to be answered before you worry about anything else. If you were served, then you have to inform your insurance company , if any ASAP-generally 30 days depending on the jurisdiction. Depending on the injuries to the orher party, insurance companies pay the damage up to the policy limits. Deposition can be done remotely if all the parties agree. Good lick.
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