Who is the Defendant? And Why Your Attorney Must Investigate to Identify Every One
As we’ve already said, in a personal injury lawsuit, you, the plaintiff, can claim anything you want. And all the defendant has to do is say “prove it.” If you don’t, the defendant wins.
An accident between a motorcycle and a car
In many instances, it will not be entirely clear from the outset just who was to blame for your injuries. In some cases, this is because, in some instances, the actions that ultimately led to your injuries may have happened long before those injuries occurred. For example, if you were involved in a car accident because there was a mattress lying in the middle of the road, the car or truck that was hauling the mattress maybe 50 miles down the highway by the time you hit that mattress. In other cases, so many parties may have been involved in the events leading up to your accident that it can be difficult to sort everything out and precisely know which one was negligent. But it’s always possible that several share the blame. And when multiple individuals cause an accident all can be named as defendants. In any event, a thorough investigation conducted by an experienced lawyer can usually identify the source (or sources) of your injuries.
Besides the importance of conducting an investigation into the facts of your accidental injury and identify all negligent parties, there’s one other key thing to know about defendants. It’s important that your lawsuit is filed against a solvent defendant: one who has the means: either through insurance or holds enough money to pay you damages. If a defendant is insolvent you won’t be successful in collecting the full amount – if any – of the damages once you’re able to prove defendant liability. This is a sad circumstance, but one that unfortunately does occur.
Defendants know that if they can appear insolvent, they won’t be required to compensate an accident victim for his injuries. And many defendants can go to great lengths to hide their assets and appear insolvent, even when they’re not. at our Texas Law Firm, we perform thorough asset checks of all defendants to get a true picture of their available resources. If the defendant in your case is hiding something, chances are very good we’ll find it.
Put our years of experience to work for you if you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your personal injury case. Regardless of how it happened or who is liable, we can answer all of your questions. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.
