A West Palm Beach Accident Attorney on Forfeiture
Forfeiture allows the government to seize property used or acquired in the commission of a crime. Although forfeiture occurs most often in criminal cases, your West Palm Beach accident attorney can use this legal concept in your civil case. It’s all part of the many recovery options available to you and your West Palm Beach accident lawyer to resolve your claim.The Basics of Forfeiture
Forfeiture in drug offenses is very common. As your attorney might explain, a defendant found guilty of felony drug charges could have homes, cars and bank accounts seized. Even if some of the business they conducted was legitimate, everything becomes tainted. In accident claims, your West Palm Beach accident attorney could file a motion of criminal negligence. If a ruling goes against the defendant in that type of civil case, your West Palm Beach accident lawyer can request that property be forfeited to settle the claim.
Your attorney will also point out that a defendant who transfers assets to a third party won’t be shielded. A skilled West Palm Beach accident attorney will be able to trace those assets through forensic accounting. The goal is to ensure you are compensated for your injuries.Forfeiture Theories
Every experienced West Palm Beach accident attorney understands that there are three theories of forfeiture. These are:
- The property is contraband;
- The property was obtained through proceeds of criminal activity; and
- The property was used to commit a crime.
For instance, a car used to drive away from a bank robbery could be seized. The same can be said for a home or business bought with drug money. It is the job of your West Palm Beach accident attorney to leave no stone unturned when it comes to finding assets to pay for your settlement.Getting Your Due With the Help of a West Palm Beach Accident Attorney
A benefit of having a qualified attorney work on claim is that they understand how the system works. They won’t automatically accept a defendant’s claim of “being broke” as an excuse. A competent West Palm Beach accident lawyer like Jessica Mishali will work tirelessly on your behalf to find those assets. Find out if your case has merit by calling his offices today at (561) 833-2772.